Copyright Legal and Practical Reform for the South African Film Industry

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dc.contributor.author Flynn, Sean
dc.date.accessioned 2016-01-18T16:51:09Z
dc.date.available 2016-01-18T16:51:09Z
dc.date.issued 2015-12-15
dc.identifier.citation Flynn, S. (2015). Copyright legal and practical reform for the South African film industry. The African Journal of Information and Communication (AJIC), 16, 38-47. https://doi.org/10.23962/10539/19313 en_ZA
dc.identifier.issn ISSN 2077-7213 (online version)
dc.identifier.issn ISSN 2077-7205 (print version)
dc.identifier.uri http://hdl.handle.net/10539/19313
dc.identifier.uri https://doi.org/10.23962/10539/19313
dc.description.abstract Copyright’s interest in promoting creative production is often described as requiring a “balance” between exclusion and access rights. Owners of copyright receive exclusive rights to control copies of their works, which enables authors to earn returns on their creations through sales or licensing transactions. But as important to promoting creation are the user rights in copyright law which permit building on the work of predecessors. The necessity for balance in order to promote creation is clearly evident in the documentary film industry, where producers rely on copyright ownership to facilitate the dissemination of their works through broadcasters and other distributors, and on user rights to incorporate excerpts of other copyrighted material in their work. This article draws on a collaborative South African research project that has been working since 2008 to document influences of copyright law on the production of documentary films. The results of that research, summarised in the first part of the article, show that South African filmmakers are hampered by a legal environment that denies them copyright ownership in the majority of their projects while also denying them adequate rights to use, in their own works, elements of the works of others. The second part of the article describes capacity-building approaches and legal reforms that could be advantageous to the local film industry. en_ZA
dc.language.iso en en_ZA
dc.subject copyright, limitations and exceptions, filmmaking, fair dealing, fair use, South Africa, user rights en_ZA
dc.title Copyright Legal and Practical Reform for the South African Film Industry en_ZA
dc.type Article en_ZA
ddi.datacollector AU Washington College of Law’s Program on Information Justice and Intellectual Property (PIJIP) and the UCT Faculty of Law’s Intellectual Property Unit (IP Unit)
ddi.datakind participatory action research
ddi.method A survey of filmmakers to assess their practices and perceptions. In this stage.survey sought evidence of filmmakers’ perceptions and practices with regard to the use of copyrighted material in their films. Semi-structured interviews were conducted with more than 40 experienced filmmakers, supplementedby a two-day focus group meeting with dozens of additional filmmakers. A series of workshops with filmmakers aimed at co-generating solutions for the copyright problems identified in the survey.
dc.citation.doi https://doi.org/10.23962/10539/19313


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  • AJIC Issue 16, 2015
    Thematic Issue: African Intersections between Intellectual Property Rights and Knowledge Access

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