Thanks for the clarification Denise. That is good to know. I thought that
fair use vs fair dealing was still a bit of coin toss at this stage. I am
sorry to hear that fair use is loosing ground. I share your interpretation
that if we dont get Freedom of Panorama then fair use is our only port of
call. I would go further and also say that fair use is important for many
other Wikipedia tasks in addition to the general good of the public. It
allows us to make the fair use argument
<https://en.wikipedia.org/wiki/Wikipedia:Non-free_use_rationale_guideline>
for otherwise copyrighted content on Wikipedia like notable works of art or
historic photographs. I am not so sure how they would hold up under a fair
dealing regime.
Fair use is also very important for the technology community broadly in
South Africa and having more domestic tech firms and technology enthusiasts
stand up for it would go a long way towards building a stronger tech sector
in the country.
On 13 October 2017 at 11:05, Denise Nicholson <Denise.Nicholson(a)wits.ac.za>
wrote:
Hi Douglas,
The issue is that if fair use is not approved in the Bill, fair dealing
will apply and this does not address the digital world at all. Fair use,
if open and not limited to a few acts, will allow transformative use, text
and data mining, and accommodate new and unthought-of uses at this stage.
Technology changes so fast that new uses could be available tomorrow, or
next year, and without fair use, access to information would be
restricted. Fair use provides the flexibility to be able to use new
technologies in ways that fair dealing doesn't. As I said in a previous
email, if freedom of panorama is not included in the Bill (although I got
the distinct impression in the parliamentary hearings that everyone agreed
it should be), then your only other option is Fair Use, not Fair Dealing.
If you want to read up more about fair use and see some of the Best
Practice Guidelines by creative industries in the States, you can find this
at:
http://libguides.wits.ac.za/Copyright_and_Related_Issues/
fairuse_fairdealing
You can also find some of the issues and comments on the 2017 Bill at:
http://libguides.wits.ac.za/Copyright_and_Related_Issues/
SA_Copyright_Amendment_Bill_2017
Regards
Denise
-----Original Message-----
From: Douglas Scott [mailto:douglas.i.scott@gmail.com]
Sent: 13 October 2017 10:54 AM
To: wikimediaza <wikimediaza(a)lists.wikimedia.org>
Subject: Re: [Wikimedia ZA] Fwd: FW: News about the Copyright Amendment
Bill
Hi David,
Version B that Denise is referring to is the second draft of the Bill
following the presentation to parliament I (on behalf of Wikimedia ZA) and
many others made to parliament back in August. To the best of my knowledge
version B is not yet out but there is still a risk that it might not
include Freedom of Panorama.
That's basically the difference. Version A was the one that was share
with us earlier this year that did not include any Freedom of Panorama
which is why I presented at parliament.
Update on the Fair Use/Fair Dealing debate: I am told that the radio
discussion has a pro-fair dealing heavy panel and there is currently a big
PR effort by the Fair Dealing team to keep restrictive copyright laws in
force in the new Copyright Act. However one feels about the Fair Use or
Fair Dealing and more or less restrictive copyright laws the public (such
as all of us on this mailing list) is encouraged to tune in and call in to
ask our questions or give our opinions.
Personally I am for more relaxed copyright laws that I believe make our
lives as Wikipedia editors easier and promote what I view as the public
good which is why I am supportive of the Creative Commons push for Fair
Use. But that is just my personal view point and not a chapter one as we
as a chapter haven't really talked about the fair use issue. We have only
talked about and agreed on the Freedom of Panorama issue.
Regards,
Douglas.
On 12 October 2017 at 17:56, David Richfield <davidrichfield(a)gmail.com>
wrote:
Remind me again, what is version B?
On Oct 12, 2017 2:41 PM, "Douglas Scott" <douglas.i.scott(a)gmail.com>
wrote:
> Hello everyone, FYI regarding the Copyright Amendment bill we are
> trying to get Freedom of Panorama included in.
>
>
>
> *ANC Legal Research Group’s Workshop* on Copyright Amendment Bill on
> *Saturday
> 14 October 2017* from *9-11am* will be on *SAFM *and Channel 404 on
DSTV.
Public
can phone in with questions on 011-5358180 <011%20535%208180>.
It
will be streamed live on
SABCNEWS.COM. Dr. Owen
Dean and Prof.
Karijker
from Stellenbosch University’s IP Unit will be
speaking and then 3
other people after them.
*Legislation: Reworked Copyright Bill nears completion*
Publish date: 11 October 2017
Issue Number: 4324
Diary: Legalbrief Today
As work on redrafting the Copyright Amendment Bill gathers momentum,
‘more
and more questions’ are surfacing according to
parliamentary legal
adviser
> Charmaine van der Merwe – who has nevertheless confirmed that ‘no
> policy changes’ have been made, reports Pam Saxby for Legalbrief
Policy
Watch.
Where a
policy decision is required, the provisions concerned have
been flagged in a version of the Bill Van der Merwe believes will
rectify all technical errors, inconsistencies and repetitive clauses
identified
during
May’s public hearings. Only then will matters of
policy be tackled
by the National Assembly’s Trade and Industry Committee.
Briefing committee members yesterday, Van der Merwe said that –
while certain ‘phrases’ still need to be clarified – she is
confident that the Bill’s ‘B’ version will make the Act far easier
to understand from a technical perspective, once the amendments
envisaged have been
promulgated
and incorporated. Although no timeframe was given
for the completion
of
the
> reworked Bill and no discussion took place, committee chair Joan
> Fubbs expressed hope that the remainder of the drafting process will
> not take ‘too much longer’.
>
>
>
> This communication is intended for the addressee only. It is
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> may not copy or disseminate this communication without the
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> recipients are thus advised that the content of this message may not
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> views and opinions of The University of the Witwatersrand,
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> are subject to South African Law unless the University agrees in
writing to
the contrary.
--
Douglas Ian Scott
司道格
Skype: douglas0scott
South African mobile number: +27 (0)79 515 8727
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South African mobile number: +27 (0)79 515 8727
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cellpadding="0"
style="width:100%;">
<tr>
<td align="left" style="text-align:justify;"><font
face="arial,sans-serif" size="1"
color="#999999"><span
style="font-size:11px;">This communication is intended for the addressee
only. It is confidential. If you have received this communication in error,
please notify us immediately and destroy the original message. You may not
copy or disseminate this communication without the permission of the
University. Only authorised signatories are competent to enter into
agreements on behalf of the University and recipients are thus advised that
the content of this message may not be legally binding on the University
and may contain the personal views and opinions of the author, which are
not necessarily the views and opinions of The University of the
Witwatersrand, Johannesburg. All agreements between the University and
outsiders are subject to South African Law unless the University agrees in
writing to the contrary. </span></font></td>
</tr>
</table
--
Douglas Ian Scott
司道格
Skype: douglas0scott
South African mobile number: +27 (0)79 515 8727