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  1. Executive summary

    Blind SA and SECTION27 submit and recommend, in line with the Constitutional Court judgment in Blind SA v Minister of Trade, Industry and Competition and Others, that:

    a. The definition of ‘accessible format copy’ as in the Constitutional Court crafted remedy be adopted as it is in line with the Marrakesh VIP Treaty;
    b. No change required to the definition of ‘persons with disabilities’ as the breadth of the definition fulfils South Africa’s Bill of Rights and international disability rights obligations;
    c. The definition of ‘permitted entities’ as in the Constitutional Court crafted remedy be adopted in the definition of ‘authorised entities’;
    d. No change required to the application of s 19D to all types of works under copyright as the breadth of the scope fulfils South Africa’s Bill of Rights and international disability rights obligations;
    e. Section 19D(1) be made operational immediately through minor modifications to its language recommended below so that our access is not delayed further;
    f. Minor amendments to be effected to s 19D(2)(a) and 19D(3) to ensure that these provisions do not unintentionally prevent the making and sharing of accessible format copies between Blind SA and the people whom we serve;
    g. Section 28P(2) be deleted, in accordance with the Constitutional Court
    judgment and the Marrakesh VIP Treaty, to ensure that technological protection measures do not prevent accessible format shifting and inadvertently cause further unfair discrimination against us by requiring us to seek the copyright owner’s authorisation;
    h. No change required to sections 12A-D and 19C as they fulfil several rights in the Bill of Rights, including the rights to education, equality, freedom of expression, culture, dignity, among others.

    For any further enquiries, please contact:
    SECTION27 BlindSA
    Dr Faranaaz Veriava Jace Nair
    Head of Programmes CEO of BlindSA
    veriava@section27.org.za ceo@blindsa.org.za

    As the World Blind Union Guide highlights at p 156, ‘The essential purpose of Article 7 is to ensure that
    TPMs do not impede enjoyment of the rights guaranteed by the Marrakesh VIP Treaty. Avoiding this result
    is especially important for beneficiaries in developing and least-developed countries, who are likely to be
    unduly burdened by TPMs.’

    Blind SA and SECTION27, Copyright Amendment Bill Submissions January 2022 available at:
    <https://section27.org.za/2022/02/copyright-amendment-bill-submissions-jan-2022/>.

    Blind SA CC [64], [73].

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