| Sumario: | The South African Copyright Amendment Bill of 2017 was passed in 2022. In justifying the weakening of copyright protections with regard to the educational arena, the Bill's proponents have largely applied rhetorical discourses published in the popular media, also aggressively propagated at their public meetings. In contrast, the publishing industry has generated many hundreds of pages of economic impact studies supported by detailed legal arguments with reference to global treaties. My analysis assesses the different positions taken by the pro-Bill lobby, ReCreate, in comparison to the Copyright Coalition that questions the importation of an American fair use doctrine. The potential implications of the Bill for South African authors and artists operating in the educational environment are described. Since the object of study has been a moving target, and still was at the time of submission of this article, the conclusions that arise out of the ongoing debates are tentative - but prescient for the current conjuncture. The analysis relies on cross-referencing stakeholder submissions, newspaper articles and statements made by all parties to the discussion. In addition, a number of rejoinders were invited, which are published below. The study reveals the stark contradictions within emerging state policy relating to the creative industries in an era when information has economic value. My conclusions are that: a) a significant portion of the state publishing incentive that currently finances research activities would be in the parallel context of open access rerouted to meet publication charges, were the Bill to be enacted in its current form; and b) the effects might witness: i) a swing away from the publication of homegrown textbooks in favour of copyright-protected expensive imports; with clear implications for the ii) de-colonisation of content; iii) a reluctance of international firms to collaborate with South African publishers; and iv) a significant contraction of the South African publishing industry. And c) while the Creative Industries Masterplan piloted by the Department of Small Business Development (DSBD) aims to protect intellectual property rights, the Bill will undermine such rights.
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