Samro urges caution after ConCourt copyright ruling

The Southern African Music Rights Organisation (Samro) has called for heightened caution and regulatory balance following a mixed Constitutional Court judgment, warning that a broad “fair use” framework risks compromising the economic survival of creators in a digital marketplace dominated by global tech and artificial intelligence platforms.

The apex court’s judgment, delivered on Friday, 26 June 2026, provided legal clarity on the highly contested Copyright Amendment Bill (CAB) and the Performers’ Protection Amendment Bill (PPAB).

While the ConCourt ruled that several provisions, including the controversial “fair use” clause, were not unconstitutional based on the specific objections raised by the president, it simultaneously struck down other components as unconstitutional.

Consequently, the judgment does not bring the new bills into force, leaving South Africa’s existing copyright regime unchanged.

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Samro general manager of legal services, Chola Makgamathe, stressed that the ruling marks an interim step rather than a conclusive legislative endpoint.

“The Constitutional Court has provided important legal guidance on the constitutional questions referred to it, but it has also made it clear that this is not the final chapter in South Africa’s copyright reform journey.

“Further parliamentary processes must still take place and stakeholders retain the right to challenge any enacted provisions should constitutional concerns arise in future,” added Makgamathe.

Preserving the economic incentive matrix

The long-standing legislative dispute centres on striking a balance between public access to knowledge and the protected property rights of content developers.

Samro maintains that internationally, uncalibrated fair use structures have repeatedly triggered extensive, costly litigation to differentiate between fair exception and outright infringement.

The organisation reassured its members and licensees that the foundational Copyright Act of 1978 remains fully in force, meaning all active broadcast, digital, and public performance licenses remain legally binding and enforceable.

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Makgamathe emphasised that future parliamentary iterations must safeguard the baseline financial mechanics that fuel the creative economy.

“Samro supports copyright reform that enables education, innovation and access to knowledge. Equally, reform must preserve the economic incentives that enable composers, songwriters and music publishers to continue creating.

“South Africa’s creative economy depends on striking an appropriate balance between public access and sustainable remuneration for creators,” she said.

With the bills now remitted back to parliament to fix the unconstitutional clauses, Samro confirmed it will remain aligned with the Copyright Coalition of South Africa to lobby for legal certainty, ensuring future frameworks do not leave local intellectual property unprotected against automated digital exploitation.

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