(This information is
published on the Arts & Culture Trust’s blog – see http://www.act.org.za)
South African actors are a step closer to securing rights
historically denied them, as Parliament considers amendments to two significant
pieces of legislation: the Copyright Act No. 98 of 1978 and the Performers
Protection Act No. 11 of 1967. Following representations by the South African
Guild of Actors, Cabinet has approved the introduction of the respective
Amendment Bills into Parliament for processing and SAGA is now preparing a
formal presentation for the relevant portfolio committee.
The Performers Protection Amendment Bill prioritises royalty
payment wherever the work of performers is played or broadcast, as well as
protection and promotion of performers’ moral and economic rights in
‘audiovisual fixations’, whether filmed, videotaped or otherwise digitally
recorded. Amongst other provisions, its companion Copyright Amendment Bill
seeks to regulate the accreditation and registration of collecting societies to
administer these royalties and an Intellectual Property Tribunal to resolve
disputes.
Fresh in our memories is the Generations debacle at the SABC, which saw 16 actors getting the
boot in a dispute over royalty payments they believed they were owed. Following
what appears to have been misguided advice the group of actors appealed to
public sentiment to save their jobs, a tactic that ultimately backfired and
which saw the demise of the popular soapie.
SAGA Chairman Jack Devnarain says: “SAGA refuses to fall into
the trap of reducing real industry concerns into political catchphrases that
belong on T-shirts or bumper stickers. Our Guild is committed to proposing
workable solutions to collective problems”.
Department of Trade and Industry spokesman, Sidwell Medupe,
says “for the first time in the history of the country, any right holder, big
or small will be empowered to exploit economic benefits from the copyright
regime in a conducive manner”. The DTI believes that the amended legislation
could grow the economy by no less than 5%, a prediction backed by a study
conducted with the World Intellectual Property Organisation (WIPO) on
copyright-based industries.
South Africa has yet to ratify the Beijing Treaty on
Audiovisual Performance, adopted by WIPO in June 2012. Despite being party to
the exhaustive negotiations that produced the accord, an outdated domestic
copyright regime would prevent the country from meeting its obligations under
the treaty. The adoption of the Copyright Amendment Bill will go some way towards
remedying this situation.
When the DTI published its draft bill for comment, SAGA was
able to call on the expertise of the International Federation of Actors (FIA),
of which it is a member, in compiling a comprehensive submission. Among its
recommendations, the Guild pointed out that to give full expression to an
amended Copyright Act, the Performers Protection Act would also have to be
revised. The department welcomed SAGA’s submission and eagerly participated in
the Guild’s subsequent FIA- sponsored seminar on Intellectual Property in the
performance environment.
South African actors are increasingly being featured in
international productions, while home-grown content is being sold into the rest
of Africa and territories as far afield as Jamaica! In spite of this, we have
grown accustomed to stories of local actors falling out of the limelight and
dying as paupers. Adjusting the local copyright legislation in line with
international best practice, as articulated in the Beijing Treaty, will begin
to empower our actors and enable them to build sustainable careers.
Long after work offers have dried up, older actors – in
Hollywood and elsewhere – survive through residual income from the body of work
they have built up during their productive years. These actors enjoy the
exclusive right to their own image, retaining a stake in their work product as
the ‘long tail’ niche markets open up. As a film goes from the big screen to
successively smaller screens on its journey from the cinema to broadcast
television to DVD release and internet platforms, an increasing number of
revenue streams start flowing. Soon local actors could be in line to claim
their rightful share of the profits.
For enquiries contact Adrian Galley, SAGA Vice Chair &
Media Liaison Cape Town on 082 901 5884 |or e-mail:vicecpt@saguildofactors.co.za
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