Hon Chairperson, hon members, fellow South Africans, the DA acknowledge that there is a great need to update legislation regarding the rights of performers especially taking international developments into consideration, this Bill is not in a condition to be passed and enacted. Rushing through legislation for incentives should
not be the objective but should rather be properly considered and passed in the national interest. South Africa should seek a Performers Protection Act that parallels the Beijing Treaty and the WIPO Performances and Phonograms Treaty, WPPT. This Bill is will not meet these benchmarks. The Beijing Treaty and the WPPT cover equitable remuneration for performers.
This Bill undermines and possibly removes the freedom of contract to the disadvantage of both the performer and producer, also making it incredibly difficult for producers to make investment decisions. The Bill challenges contractual freedom: the key content of the agreements will be largely determined by the Minister, leading to heightened investor anxiety as producers will not have freedom to construct contracts in accordance with the will of the parties. Sections of the Bill make rights of authors inalienable, and so watertight, that the rights cannot be used resulting in producers becoming more selective and contracting only with top calibre or "safe" talent, thereby reducing opportunities for other new artists. While this Bill is progress in the right direction, it is not enough to achieve the goals of its intended purpose. This Bill gives the Minister and government too much power when it comes to the relationship between an artist and their producer. While this Bill is progress in the right direction, it is not enough to achieve the goals of its intended purpose. This Bill
gives the Minister and government too much power when it comes to the relationship between an artist and their producer.
The DA understands the hardships faced by performers and artists and why they feel this Bill should be supported. However, history has proven that supporting a bad Bill can have consequences in the future. The DA would rather wish to bring forward the private member's Bill that would address the matter of royalties. It is because of the rushed and sloppy nature of this Bill's legislative process, among many other factors, the DA cannot support this Bill. I thank you Chairperson.