Remove Artists Resale Rights from the Amended Copyright Bill, B13-2017

TO: The Portfolio Committee on Trade and Industry
The Artists Resale Rights (ARR) is not a Copyright matter, and should not be drafted into the Copyright Act. The ARR is an Inalienable Right, while Copyright is an automatic legal right created by law.
  1. This significant right should be implemented into ZA law through a separately drafted Bill, similar to the existing French and other countries' legislations. 
  2. The principles underlying the ARR royalty and its benefits to artists and their estates, justify that any legislation governing the ARR laws must be approached differently from the superficial manner with which it was drafted into the Copyright Amendment Bill (B13-2017).
  3. Crucial clauses which would make this legislation practical and fair were omited from the Amended Copyright Bill draft. 
  4. The function of the ARR, is to alleviate the predicament of certain artists, as well as to acknowledge artistic creativity of visual artists.
  5. While several Countries have selected that the ARR piggy back on their existing Copyright laws, this avenue dilutes the significant humane right bestowed on visual artists due to different complexities which govern modern Copyright legislation.
  6. B13-2017 in its current format would be inpractical to implement.

The welfare of visual artists is a concern of us and we welcome all efforts to implement fair and genuine dealings regarding the plight of visual artists. It is a fact that the artist creates art.  However, it is the collector and art-lover that encourages artists and echoes the artist’s thoughts and intentions. We are therefore equally concerned regarding the fair treatment of collectors and art professionals without who artists would not be able to survive.

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