The Constitutional Court has handed down an interim order that temporarily amends the Copyright Act of 1978 to include an exception to copyright for persons with visual impairments.
This decision comes after Blind SA, represented by Section27, launched an urgent application in October this year, following the president Cyril Ramaphosa’s failure to sign the Copyright Amendment Bill (CAB) by the court-ordered deadline of 21 September 2024.
The CAB, which was approved by both Houses of Parliament on 29 February this year, aimed to include an exception to copyright that would benefit not only the blind and visually impaired but also all persons with disabilities.
However, Ramaphosa’s failure to sign the bill into law led to the declaration of invalidity of the Copyright Act, causing uncertainty and confusion among the blind and visually impaired community.
The Constitutional Court's interim order grants the reading-in of its previous section 13A exception into the Copyright Act, which provides an express exception to copyright for persons who are blind and visually impaired.
This exception defines important terms, explains who may make, obtain, and supply accessible format copies, and indicates under what circumstances this must occur to benefit from the exception.
Section27 spokesperson Pearl Nicodemus said the court action provided much-needed legal certainty while awaiting its final decision.
“The interim order ensures that the rights of persons who are blind and visually impaired, including their right to equality, dignity, basic education, and the right to participate in the cultural life of one's choice, are realised through greater access to reading materials in formats they can read.
“The lack of an express exception to copyright for persons who are blind or visually impaired has also prevented SA from ratifying the Marrakesh Treaty, which facilitates the cross-border exchange of accessibly formatted materials. Ratifying this treaty would give persons who are blind or visually impaired in South Africa access to hundreds of thousands of titles in accessible formats,” Nicodemus said.
She said hearings related to Ramaphosa’s referral of the CAB to the Constitutional Court were scheduled to take place on 19 and 20 February 2025.
“The court has not yet indicated when a final judgment will be handed down…This interim order is a significant step forward in promoting the rights of the blind and visually impaired community in South Africa. It recognises the importance of accessibility and equality in the enjoyment of cultural and educational materials. As the court awaits its final decision, the blind and visually impaired community can breathe a sigh of relief, knowing that their rights are being protected and promoted,” she said.
The Star