Turn the Bill Around: Is 2024 a Turning Point for Copyright?

The state of play: For years, the Chamber’s International IP Index and Special 301 report have monitored global developments regarding critical copyright protections.  Creators around the world face a variety of challenges in securing effective protection for their works, which inhibits their ability to compete in global markets and continue to invest in the next generation of creative content.

Over the last decade, South Africa, India, and Mexico each introduced a series of legislative proposals, with varying effects on the copyright community. After years of sitting stagnant, summer 2024 brought movement on all three fronts.

What happened: This month, President Ramaphosa referred two bills at the heart of South Africa’s copyright reform to the Constitutional Court to determine their constitutionality. South Africa’s creative community expressed deep concern over these bills, repeatedly observing they would compromise its global competitiveness. This development creates an opportunity to address serious deficiencieswithin the bills and build a copyright regime that unleashes South African creativity on a global scale.

What’s more: In a win for rightsholders in India, the DPPIT rescinded its 2016 memorandum extending Section 31D of the Copyright Act to internet transmissions. This memorandum undermined individual licensing agreements, limiting the ability of creators to negotiate adequate compensation for their work. The August recission strengthens copyright owners’ negotiating power and helps ensure digital platforms secure proper licenses before distributing copyrighted content.

Finally: In May, Mexico’s Supreme Court upheld the constitutionality of amendments that promulgated into Mexican law notice and takedown and protections for technological protection measures. While the notice and takedown provisions were a requirement under the U.S.-Mexico-Canada Agreement, Mexico’s law went further, requiring ISPs to proactively take steps to prevent infringing materials from being uploaded again.

Yes, and: These copyright developments mirror the positive momentum illustrated in the IP Index, where economies of all development levels—from Argentina to Canada and Singapore—are modernizing their copyright and enforcement frameworks to provide for dynamic injunctions and other enforcement tools to combat online piracy, support creators, and develop creative communities.

Why it matters: These developments represent a recognition by governments that their creative industries are economic drivers, contributing significantly to GDP and creating good-paying jobs. Ensuring robust and enforceable copyright standards for content creators is paramount to supporting creativity and innovation, as well as for developing a sustainable entertainment ecosystem for consumers.

About the authors

Ryan Denson

Ryan Denson is Manager for International IP for the Global Innovation Policy Center at the U.S. Chamber of Commerce.