Abstract
Legal Challenges of Copyright Protection in Digital South Africa
Article 2 of the Berne Convention provides that copyright protection is in the original expression of ideas. Copyright protection vests in a “work” that is identifiable or material in form, which is recorded or fixed in such a manner that will identify it as the work of that author. In terms of article 3 of the Berne Convention, the work can be protected without it or its author having to comply with any formalities. In South Africa, the Copyright Act requires that the work must fall within section 2 of the Act to qualify for protection under this law. The law further provides for the rights of the copyright holders, identify acts that constitute infringement while also stating the allowable exceptions and exemptions on the copyright protection. However, the impact of digital technology on the copyright law makes it even more complicated. This is so because, amongst other issues, works are copied, transferred and communicated to the public easily by people who have no right or authorization to do so, which is a challenge in the digital age. To adapt to the digital era, Copyright Amendment Bill was introduced in 2017 which came with a list of exceptions and new principles together with additional rights for the rightsholders. The question to be investigated is whether the Bill addresses the legal challenges of copyright protection in digital South Africa. If not, what more can South Africa do to align its laws to the digital age and with the international practices?