Study Unit 2.5 - Exceptions and Limitations to Copyright

Question 1

Discuss adressing disability rights.

Answer 1

• In the case involving Blind SA, the court decided that according to section 174(2), the Copyright Amendment Bill, as quoted in paragraph 9 of the judgment, should be immediately incorporated into the Copyright Act to align it with the Constitution.
• The case was driven by the Marrakesh Treaty.

Question 2

What business models powered by the US fair use exceptions ?

Answer 2

• Google Books Authors (Google).
• Google Android Platform (Google LLC).

Question 3

Disucss the fair use exception in
South Africa.

Answer 3

The proposed section 12A allows for fair use of a work without infringing copyright for purposes like:

• Personal Use.
• Criticism and Review.
• Covering current events.
• Teaching and scholarly work.
• Creative Uses.
• Preservation.
• Public Administration.

Question 4

Discuss the considerations to determine whether use is fair.

Fair use exception in South Africa.

Answer 4

• The nature of the work.
• How much of the work is used.
• The purpose of the use (whether it’s for profit or non-profit).
• The impact on the work’s market.