Suggested Changes to Performers’ Protection Act – Open for Public Comment.

The Minister of Trade and Industry has published suggested additions and amendments to the Performers’ Protection Act, 1967.

The proposed changes are aligned with the World Intellectual Property Organisation’s (not yet in force) Beijing Treaty for the Protection of Audio Visual Performances, the Performers and Phonograms Treaty and The WIPO Copyright Treaty.

Major proposals relate to the economic rights of performers and producers of phonograms (sound recordings). The Bill also introduces a requirement to enter into a prescribed written agreement whereby performers are entitled to royalty payments from the copyright owner who exploits a recording of that performance. Many are concerned that the Bill contains provisions that conflict with existing rights conferred to copyright owners.

Persons wishing to comment on the Minister’s proposed changes to the Act must file their submissions to the Portfolio Committee on Trade and Industry by Monday, 6 February 2017.

Public hearings have been scheduled for 21 and 24 February 2017.

Submissions should be addressed to Ms J Fubbs, Chairperson: PC on Trade and Industry, and forwarded to ahermans@parliament.gov.za; dwoodington@parliament.gov.za marked for the attention of Mr A Hermans, Box 15, Parliament, Cape Town 8000.

Enquiries may be directed to Mr A Hermans at (021) 403-3776, fax no: 086 652 7753 or via e-mail: ahermans@parliament.gov.za.