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Get the latest update on south africa’s copyright amendment bill (cab) as it heads to the constitutional court—exploring key legal debates, fair use concerns, and what it means for creators and rights holders. In february, both houses of parliament approved the bill and sent it to the president for signature, but it has not been signed to date. The president, instead of signing the bill, triggered a constitutional mechanism to refer the bill back to parliament citing procedural and substantive constitutional reservations in june 2020 (‘2020 referral letter’).
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(referred to constitutional court) to amend the copyright act, 1978, so as to define certain words and expressions After that, parliament took steps to fix the defects in the act through draft legislation called the copyright amendment bill To allow for the reproduction of copyright work
To provide for the protection of copyright in artistic work
To provide for the accreditation and registration of collecting societies To provide for the procedure for settlement. As of 2024, the bill is among 20 pieces of legislation awaiting president cyril ramaphosa’s signature, but its enactment has been delayed due to concerns over its constitutionality. South africa’s parliament passed the copyright amendment bill in february 2024, a significant step toward modernizing the country’s 1978 copyright act
The bill, still awaiting presidential assent as of early 2025, aims to strengthen ip protections for creators while addressing accessibility issues, such as provisions for visually impaired. President cyril ramaphosa has referred the copyright amendment bill and performers’ protection amendment bill to the constitutional court for a ruling on their constitutionality, which the president has previously requested parliament to reconsider.
