Creativity Protection - Let's unpack copyright, fair use, and remix trends

We've compiled a breakdown on intellectual property considerations within our local content creation landscape

- Shannon Manuel

IN TODAY'S DIGITAL LANDSCAPE, SOCIAL MEDIA platforms have become more than just avenues for sharing personal anecdotes and connecting with friends. They have evolved into bustling hubs of creativity, where individuals showcase their talents through various forms of content, from captivating photography to thought-provoking artwork and innovative designs. However, amidst this flourishing creativity lies a complex web of copyright considerations.

Earlier this year, Parliament greenlit a controversial copyright amendment bill that caused quite a stir.

"The Copyright Amendment Bill is a legislative proposal to amend the seemingly outdated Copyright Act of 1978. The Bill has been redrafted several times since 2015 and has been a topic of significant discussion and debate since then," explains Precious Mothoa, Associate Designate at MOTA Africa.

"The bill aims to address various issues, including omissions, imbalances, discrimination, restrictions, and unconstitutionality in the current copyright law. It seeks to bring South Africa's copyright legislation in line with international standards and provide better protection for artists and creators.

"It introduces several important changes and proposes to include, among other things, fair use which will allow for fair use of copyright works, benefiting education, research, and creativity. It ensures access to copyright works for individuals with disabilities, by allowing them to reproduce copyrighted work without first seeking permission from the owner. It also aims to improve the distribution of royalties and address concerns raised by the creative industry," says Mothoa.

Mothoa, an authority in copyright and intellectual property law, sat down with GQ to provide valuable insights into the legal aspects of copyright and intellectual property concerning social media.