At issue are the bill’s several fair use provisions and exceptions for the educational, research and library sectors. Broadly defined, “fair use” refers to rights within copyright law to use protected works without licence or permission from the rights holder to serve various public interests.
The adoption of fair use has long been endorsed by the library, education, freedom of expression, disability and other public interest organisations in South Africa and abroad. They have come together under the banner ofWits University scholarly communications librarian Denise Nicholson explained that fair use is lawful. It is not piracy. There is a framework consisting of four criteria that govern fair use.
Nicholson said that this framework allows copyright users to assess whether their reproduction, reuse or remixing of copyright works is lawful or not. Nicholson is among those in the education sector who argue that the bill with its fair use provision is an important step in responding to the need in South Africa for accessible and affordable education, especially at universities.
“Fair use and the exceptions for education will enable access to various print and electronic resources. Students will be able to copy extracts from copyright works, or receive coursepacks containing extracts from books or journal articles. It would be copyright infringement if students or their lecturers copied the whole textbook, without permission.
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