South AfricaCopyright Amendment Bill, general fair use exception
Copyright Amendment Bill, 2017 (B13-2017), s. 12A (general exception from copyright protection)
A text and data mining (TDM) opt-out rule binding private bodies.
- Categories
- Snippet reproduction
What it requires
- You would be able to make fair use of a work without infringing copyright for purposes including research, private study, criticism, review, reporting current events, scholarship, teaching, education, parody and library and archive preservation; this open-ended exception would reach aggregation and text-and-data-mining more broadly than the current closed list.
- Attribute the source and author, and expect fair use to be assessed against four factors: the nature of the work, the amount used, the purpose and commercial character of the use, and the effect on the potential market for the work.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
What this law does
Section 12A of the Copyright Amendment Bill, 2017 would add a general fair use exception under which fair use of a work, for purposes including research, private study, criticism, review, reporting current events, scholarship, teaching, education, parody, and preservation by libraries and archives, does not infringe copyright, assessed against a four-factor test covering the nature of the work, the amount used, the purpose and commercial character of the use, and the effect on the potential market for the work, with source and author attribution required.
This open-ended exception would reach an aggregator's reproduction and a model developer's text-and-data-mining use more broadly than the Copyright Act's current closed list of exceptions, but the Constitutional Court's assessment in Ex parte President of the Republic of South Africa (CCT 306/24) on held only that section 12A is not an arbitrary deprivation of property and is constitutional; the Bill as a whole, including a separate education exception the Court found partly unconstitutional, has not been returned to Parliament, amended, or signed into law.
When LexLint raises it
When your app profile says your app reuses other publishers' content, trains models or crawls the web.
Back to the example · Lint your app
Page updated .