Spurring Copyright Rights Holders’ Innovation in the Digital Age Through a Statutory Remuneration Copyright Levy for Private Home Copying

Abstract

The United Nations estimates that in the next few years the creative industry will constitute around 10% of global gross domestic product. The sector has shown a sharp spike of growth at 12% per annum, particularly in the developing world. In South Africa, copyright holders—particularly youths—involved in creative digital expressions are now victims of rampant digital copying of their works without compensation. South African legislators have been warned that without a private copying levy system, the introduction of private copying exceptions such as fair use under the current Copyright Amendment Bill of 2017 will have adverse economic effects on creators. The current copyright bill does not have a provision for a copyright levy despite carrying a private copying exception. The futility of copyright law enforcement in private homes lies in part with the constitutional right to privacy protection enshrined in the Bill of Rights and the administrative impracticalities around prosecuting millions of copyright infringers. This article’s finding is that private copying is inevitable and harms copyright holders’ remuneration. As such, the rejoinder to normalised deviant copying behaviour is a private copying levy.