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Mzansi artists don't see eye to eye!

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Jack Devnarian, who's an actor and chairman of the South African Guild of Actors (Saga). Photo from Facebook
Jack Devnarian, who's an actor and chairman of the South African Guild of Actors (Saga). Photo from Facebook

COPYRIGHT Amendment Bill is dividing Mzansi's showbiz.

The bill is currently in its final stages waiting to be signed into law.

However, most artists, especially in the music industry, are not happy about the fair use clause as they believe it will expose their work to exploitation.

This why they marched to the Gauteng Legislature on Friday, 25 August, to voice their grievances against this particular clause.

But actors support the fair use clause, and they want this bill to be passed into law in its current state.

Sibongile Mngoma, opera singer
Opera singer Sibongile Mngoma and SAUCCIF president challenges the fair use clause. Photo from Facebook


The chairman of the South African Guild of Actors (Saga), Jack Devnarain told Daily Sun that they support the bill and its fair use clause.

ALSO READ: Making their kasi a film destination!

"Fair use is a legitimate legal framework that allows for exceptions in copyright protection. People can make legitimate use of copyright protected works without needing to licence that material. This is an important mechanism in South Africa, especially given that Mzansi is a developing economy that's fraught with gross inequalities.

"We need to be going above and beyond to create a regime within our legal frameworks that makes it accessible to our most vulnerable people. South Africa has an opportunity to update our copyright laws so that we can address inequalities through our legal framework. Saga is very much in favour of the fair use clause. Where do they think, people are going to access learning materials including music if we are not making them available to people?" Devnarain said.         

But jazz artist and president of the South African United Cultural & Creative Industries Federation (SAUCCIF), Sibongile Mngoma said: "Those who have no issues with this clause have no idea how it’s going to affect artists, they don’t understand the impact of this Fair Use clause on artists.  Such people are pushing their own agenda because they’ve always benefited, and they want to continue to benefit. As artists, we should be careful of such people.

"We don’t have a problem with the Copyright Amendment Bill, but we have a problem with the wording of fair use clause because it gives a right to anyone to use our work without paying for it. It means anyone can use our work and hide behind this clause. The artist will have to prove in court that his or her work was unfairly used and that will be costly for most artists. For this reason, we are challenging this bill."


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