South Africa Case Law

Blind SA v Minister of Trade, Industry and Competition and Others (CCT 320/21)

Blind SA v Minister of Trade, Industry and Competition and Others (CCT 320/21) [2022] ZACC 33; 2023 (2) BCLR 117 (CC); 2022 BIP 518 (CC); [2022] HIPR 204 (CC) (21 September 2022)

Court

Constitutional Court

Case number

CCT 320/21

Judges

Kollapen, Madlanga, Majiedt, Mathopo, Mhlantla, Mlambo, Theron, Tshiqi, Unterhalter

The Constitutional Court held that the Copyright Act 98 of 1978, specifically sections 6 and 7 read with section 23, is unconstitutional to the extent that it requires copyright owner authorisation for the reproduction and adaptation of published literary works into accessible format copies for persons with visual and print disabilities. This requirement results in a scarcity of accessible works and constitutes unfair discrimination, infringing rights to equality, dignity, education, freedom of expression, and cultural participation. Section 13 of the Act, limited to reproduction, does not pr…

Source excerpt

• Copyright Act 1978
• Disability Rights
• Reading In Remedy
• Marrakesh Treaty
• Equality And Dignity
• Freedom Of Expression

Blind SA v Ministry of Trade, Industry and Competition and Others (14996/21)

Blind SA v Ministry of Trade, Industry and Competition and Others (14996/21) [2021] ZAGPPHC 871; 2021 BIP 14 (GP) (7 December 2021)

Court

North Gauteng High Court, Pretoria

Case number

14996/21

Judge

Mbongwe

The High Court declared the Copyright Act unconstitutional insofar as it failed to allow accessible-format copies for blind and print-disabled persons.

• Bill Of Rights Limitation
• Discrimination On Basis Of Disability
• Copyright Exception For Disabled
• Marrakesh Treaty
• Reading In Remedy
• Copyright-law