We’re calling on you to sign this petition, and in turn, to pass it on to your colleagues and associates, asking them to sign it too.

The petition requests that a consultative, inclusive review of the current Copyright Act be undertaken, which includes consultation and discussion with a diverse range of stakeholders, and that the review reflects the needs of a developing country, in order to create a truly South African Copyright Act.

The petition requests that the following aspects of the Copyright Act be urgently considered and interrogated from multiple viewpoints:

1. Retaining the current standard 50-year copyright term mandated by international instruments and resisting the push from some developed 
countries for a 70-year term or longer.
2. Enabling access for the visually-disabled with an amendment which removes 
barriers to access to disabled persons.
3. Reviewing and amending copyright exceptions and limitations as many of the current exceptions and limitations in the Act are ambiguous and/or outdated.
4. Addressing how to use orphan works with a clause that allows for permission-free use of a copyrighted work on reasonable terms when the 
rights holder cannot be located to obtain permission.
5. Ensuring harmonisation between different acts and policies, for example conflicts that are apparent between the Electronic Communications and Transactions Act  (ECT Act 25 of 2002) and the Copyright Act.
6. Examining the scope of protection in order to promote the public domain as a vital pool of non-copyrighted resources that encourages learning and innovation by South Africans.

To read the full petition, and to add your signature, click here.

Not sure what some of these words mean? Here’s a brief description of a few key phrases that are used in the petition:

• Exceptions and limitations: This refers to situations in which the exclusive rights granted to authors, or their assignees under copyright law, do not apply. Thus these are the ‘exceptions to the rule’ or where these rules will ‘limit the rights of the creator.’The two important examples of limitations and exceptions to copyright are the fair use doctrine found in the United States, and the fair dealing doctrine found in South Africa, and many other countries around the world.

• Fair dealing: This is a specific set of possible defenses against an action for infringement of an exclusive right of copyright. Unlike the related United States doctrine of fair use, fair dealing cannot apply to any act which does not fall within one of these categories.  In other words, the meaning fair dealing is not as flexible a concept as the American concept of fair use.  In South African law we do not have a fair use law; our law is fair dealing.

• Orphan works: This is a copyright work where it is difficult or impossible to contact the copyright holder. This situation can arise for many reasons. The author could have never been publicly known because the work was published anonymously or the work may have never been traditionally published at all. The identity of the author could have been once known but the information lost over time. Even if the author is known, it may not be possible to determine who inherited the copyright and presently owns it.

• Public domain: Also referred to as The Commons, the public domain is an intellectual property designation for the range of content that is not owned or controlled by anyone.  These materials are public property, and available for anyone to use freely for any purpose.When the copyright term (in South African law this is from the death of the author plus 50 years) has expired, a work automatically falls into the public domain.

Read more ‘copyright lingo’ definitions here.

Yes, 1978! That’s 32 years ago! But quite a bit has changes since then! From a new democratic South Africa, to Gautrain and Bus Rapid Transit routes, to a South African on the moon – who would have thought? Changes in technology have also progressed in leaps and bounds – in 1978 people were more likely to make a phone call than IM, write a letter rather than Skype, send an internal memo than Tweet, or have a braai as a social networking opportunity.

The point is that intellectual property laws that were created over thirty years ago for an analogue world need to be updated to take into account our thriving, sociable, digital economy!

Understanding the debate around access to knowledge is key to understanding why, and how, the Copyright Act should be updated. We have tons of resources available here if you’d like to find out more about this very important cause.

But apart from doing some reading and some surfing, you can enter our ‘What were you doing in 1978?’ competition, were you could stand a chance to win FREE BROADBAND INTERNET FOR A YEAR courtesy of PLuGG.

All you have to do is go to our Facebook page and upload a photo depicting either what you WERE doing in 1978 related to technology, or what people in 1978 WEREN’T doing thanks to the technology we have today.

So you can EITHER:

• Upload a photo of yourself in 1978 (or as near to 1978 as you can get), doing something technology-related that was typical of the ’70s. For example, this could be a photo of you using the telephone, listening to the radio or watching TV…
  OR
• If you didn’t exist in 1978, upload a photo of what people of that time WEREN’T doing thanks to all the great technology we have today! This could be a photo of you using technology like your phone, laptop or computer, playing on your Wii, listening to your music on your iPod, or Skyping…

The competition closes on 18 May - so get uploading!

Balls donated by bafanakids.org, CC BY 2.0

The FIFA Soccer World Cup (trademarked) is just around the corner, and South Africans from all walks of life are gearing up for the event.  Already government schools have taken shorter summer holidays over the festive period because the mid-year holiday (our winter vacation) will be extended to accommodate Cup events.  South African consumers have been overwhelmed by a deluge of advertisements portraying ecstatic vuvuzela-blowing fans.  Traffic congestion, from roadworks feverishly nearing completion in the run-up to the Cup, has been the great leveller affecting all commuters from those travelling in local mini-bus taxis, to buses and car drivers.  Thus, the World Cup resolutely draws nearer and we are all caught up in the hype, whether we like it or not.

For the average vuvuzela blower in the street, the excessive controversy that has surrounded the Cup does not perhaps seem that significant; after all, match fixing does occur, nepotism still exists, and rules and regulations will be made to inconvenience us.  However, those who have been in FIFA’s direct line of fire will know better, and its the dire, age-old story of domination and power to which South Africa, given our country’s past, should not turn a blind eye.

“The Alternative Government”

Perhaps the relief that the South African government felt when the world cup was awarded to this country was so overwhelming that they entered into negotiations light of heart … and, some may say, minds.  Seemingly, selling off the country’s rights was an okay exchange for the Cup.  FIFA, known for stringent host-country requirements, could not have had a better deal when the SA government not only agreed to, but exceeded expectations.  For 11 days this country will be managed by a powerful law enforcer, where the hard-won constitutional rights of freedom of speech and freedom of movement will take a backseat to commercial gain that will largely benefit FIFA and its official sponsors.

In an interview with Zeenat Hansrod of Radio France Internationale, Alex Duval-Smith, a freelance journalist for British newspaper The Observer, and Raymond Louw, deputy chairman of the Media Freedom Committee of Sanef (South African National Editorial Forum) discuss the media restrictions that are to be put in place.  According to Duval-Smith, FIFA is effectively writing the law on media rights in this country. Accredited media will not be permitted to report on anything that brings FIFA and the Cup into disrepute.  In essence this means that should there, for example, be a demonstration outside one of the soccer stadiums, the media would be restricted on reporting this event if it showed FIFA or its sponsors in a negative light.   This directly curtails citizens’ right to information’; at its zenith, a media blackout reminiscent of the Apartheid regime.  Furthermore, accredited media and bloggers alike beware:  FIFA has also sold off its “new media” rights.  Thus, taking photographs at games using cell phones will be a breach of copyright; a punishable offence.  Media websites will not be permitted to record and publish their own multimedia and will only be allowed to run text descriptions on their websites.  Photographs can be used but only if they are published not in sequence (in other words, in an attempt to show a moving image sequence.)

The Irony of the “African World Cup”
It doesn’t end there.  What about the informal sector, which is as organically African as the vuvuzela?  This Third Economy of hawkers and informal entrepreneurs piggy-backs off popular events to make its living within a system that has not adequately supported them.  According to FIFA regulations, no one is permitted to sell non-official FIFA products within 800 metres of the stadium walls, including newspapers.

If it all sounds rather melodramatic, bear in mind that three of the most powerful media stables in the country, Media 24, Avusa and The Independent Group, have submitted (via an attorney) objections to FIFA regulations and claim infringement of the South African Constitution.  We vuvuzela blowers wait in anticipation for the outcome of this bold move.

In the lead-up to the annual AGM which will be held on Thursday, 28 January 2010, FTISA would like to invite you to take part in the IMAGINE IF … campaign to help spread awareness amongst local stakeholders.   The campaign will run late December 2009 to late January 2010 concluding with the general meeting in Johannesburg.  So as you head back to the office, get creative between reading that long list of back-to-work emails. Here’s what you need to do!

VISIT FTISA WEBSITE AND GET CREATIVE … Help us create electronic posters that tell a story of a world where unnecessary software patents hamper innovation. We’re looking for slogans that begin with: Imagine if … Submit your slogan idea via FTISA homepage and we’ll design an open-licensed poster around the most creative catchphrase for people to put on their websites.

SPREAD THE WORD … Upload the first e-poster to your blog, website or social media profile pic for the month of January.  And share the word with your own networks.

BE HEARD … So you have all the answers; now you just need someone to listen! Are you bursting with great ideas? Or are you a self-proclaimed realist who sees that cloud linings are not always silver? Either way, FTISA needs you!  Attend their annual AGM on Thursday, 28 January 2010 for a meeting with a difference. You’ll be encouraged to brainstorm, connect with other like-minded souls and share ideas about where FTISA will be heading into the future.  Send us an email and we’ll keep you in the loop!

Daniela and Kerryn from TACP with Francophone blogger team at the IDRC's Acacia Research and Learning Forum, CC BY-NC-SA 2.0

The month of October was a busy one for The African Commons Project team thanks to two event coverage and documentation jobs in three cities. We’ve certainly had social media on the brain, live blogging on our fingertips and podcasting on our lips as we’ve been harnessing various online media tools to provide creative documentation formats for Sangonet and the IDRC this month.

Hello Dakar
It all started off with an eight-hour flight to a hot and humid Dakar for the IDRC’s Acacia Research and Learning Forum.  This was a meeting for the IDRC’s Acacia-funded projects, which all work in the field of ICT4D in Africa across a broad spectrum of themes – from health, to education, to gender. There was a thoroughly interactive programme that used a variety of techniques to get participants mingling– from the World Café, to Fishbowl, Open Space and chat show methods. This meant that lots of planning was needed to be able to capture information based on the format of the session. You can review all the live coverage produced by the team here. We’ve also created toolkits based on 3 parallel workshops that took place on the last day of the event. These cover the broad themes of Research Methodology, Fundraising and Communication techniques – these might be useful for your work – so please do take a look or pass it on to colleagues or friends.

Another highlight of the event was working with a team of Francophone bloggers from Senegal, Cameroon, Benin and Togo, who were providing French coverage of the event. During an evening meeting before the event we did a short, informal workshop on live blogging using CoveritLive, which the francophone team embraced wholeheartedly and gathered a huge following of live viewers. Apart from live blog, they produced fantastic French coverage of the event, including a host of audio interviews with speakers and attendees; so should you be fluent in French this might be an additional view on the event.

Jozi to the Mother City
We jetted back to Johannesburg to another short live blogging training workshop – this time with the Sangonet staff who would be helping us live blog at their #Sango09 conference held in Johannesburg (15 & 16 October) and Cape Town (20 & 21 October). This event was held to gather South African NGOs around the theme of ICT and social media – from implementation of ICT4D in their fields, to internal and external social media communications, marketing and fundraising strategies. TACP even got involved by doing short presentations on the use of Twitter and Multimedia tools for NGOs, based on the ‘Social Media for NGOs’ course that we present regularly. Coverage of the event can be found on the NGOPulse’s conference website, which includes a very active Twitter stream, live blogs, fantastic photographs, with video coming soon…

More about our event coverage services >>

Source: Flickr, Stravinsky Fountain by Niki de Saint Phalle, near Centre Pompidou/Paris by cangaroojack

When the DST called for public comment to the proposed Regulations that will govern the Intellectual Property Rights from Publicly Financed Research Bill that was signed into law last year, there was a general outcry from a number of research and academic institutions, as well as local and international activists and academics from within the A2K movement.  The story was reported on by the media both locally and abroad.  The opposition flagged the issue that greater consultation was needed before adoption of the Regulations.

Since the submission deadline, TACP, as one of the organisations who submitted commentary,  has not had any feedback from the Department, or found accessible comment regarding the public commentary process and outcome.  (TACP organised an open, online petition against the Regulations.)   However,  a public appearance by the Minister at the Innovation Hub in Pretoria where she opened the National Biotechnology Workshop in late July, seems to confirm that the Department is committed to passing the Regulations despite the alternative viewpoints offered by civil society.   The fact that the criticisms raised - around how to manage the commercial imperative against public benefit; how and if a body such as the proposed IP office will hinder or enhance research process - seem to be implicitly accepted as uncontroversial issues makes one wonder about the consultation process.

Local and international academics, activists and researchers were committed to spending time drafting, talking, debating and considering how to put forward their concerns around the proposed Regulations.  Yet how significant was the call for commentary to the passing of these Regulations?  Was this simply a ticking of a box of requirements?  We would really like to know.

The Team (from bottom left): Toby, Nigella, Kerryn, Daniela, Rosanne, Basil, Anna and Roxy.

The African Commons Project team and our lovely canine companions successfully completed the Discovery 702 Walk the Talk on Sunday, 26 July!

Saved by Daddy!

All the training that the dogs had undertaken in the run-up to the event definitely paid off - they all performed exceptionally well! There were a few panicky moments at the starting line (see picture below), but once the race got started there was no holding them back - especially Basil and Toby who were so eager to get to the finish line that they were literally straining at the leash. As for The African Commons Project ladies - well, there were some aches and pains to report on Monday morning, but it was great to hit the streets of Joburg and get out into the fresh air - a well needed break away from our laptops!

We also used this opportunity to do some fundraising for The African Commons Project, so we’d like to send a huge ‘THANK YOU’ to the sponsors of our cute canines. We’ve memorialised you all on our Wall of Fame as we are very grateful for your contributions, which will all be put towards the core running costs of the organisation.

We’re asking our friends to sponsor one or more of our adorable TACP doggies, who will be tackling a 5km race at the Discovery 702 Walk the Talk event on 26 July in Johannesburg.

Let’s introduce you to our canine competitors:

Have they won you over yet?

If so, click here to find out more about the campaign and how you can donate!

The report, which has been compiled by The African Commons Project in partnership with The Alternative Law Forum (ALF) in India, Fundação Getulio Vargas (FGV) in Brazil, and UK-based charity iCommons, contextualises the respective copyright regimes by outlining the particular influences and history of copyright as experienced within each country. Of particular interest is the status of each country in terms of a copyright review process: India, having undergone a review previously, Brazil currently going through a government-led copyright review process that is inclusive of various stakeholders, and South Africa, which is yet to go through an official review, but has had an independent review led by Andrew Rens, Fellow at The Shuttleworth Foundation.

The report highlights the need for copyright reform, and also shows the controversial aspect of copyright which includes a push-pull between public interests and private rights (corporations and culture producers who fight to increase their stake in intellectual property rights.

Download the BISA Review in pdf here.

The African Commons Project and members of the open access community in South Africa have been working together to draft a letter of protest to the Department of Science and Technology using the collaborative writing tools at MixedInk. The community was mobilised when it came to light that the Minister of Science and Technology is proposing to include a set of regulations in the Publicly Financed Research and Development Act, section 17, that will result in dire consequences for the research sector in South Africa in particular and all South Africans in general, by stifling local innovation and access to knowledge.

We would now like you to show your support for this cause by adding your signature to the growing list of people who are concerned that these Draft Regulations will put South Africa significantly behind the rest of the world when it comes to innovation in research. You can read and sign the petition here. Please sign up soon as the petition will be closed and sent to the minister on 29 May.

Thanks to all those who have contributed to the petition so far, and those who contributed to the writing of the submission paper to the Department of Science and Technology.

If you’d like to read more about the proposed regulations, the consequences of the regulations, and the process through which the community has been consulted throughout this campaign, you can do so here and here.