Should somebody “using” a creative work have the same right to claim royalties from the work as its creator? Should the state have copyright over creative works that it commissions and funds? These are some of the questions at the heart of hearings taking place in Parliament this week over controversial proposed changes to South Africa’s copyright law.

There is brisk debate in this internet age as to whether copyrights stifle the spread of knowledge. Copyright became a legal phenomenon in 1886 when writer Victor Hugo and others helped draft the Berne Convention. It seems the SA government has joined the anti-copyright movement and wants to assume ownership of your creative works on your death.

SA is becoming more authoritarian by the day as shown by recent amendments to the Copyright Act. These amendments will override writers' and artists' copyright on their death and vest their rights with the state. The rot started with mining and has now jumped the fence to copyright.

Retailers and music copyright owners recently went head-to-head in the Copyright Tribunal - a creatuire of  the Copyright Act - over how much stores should pay for broadcasting music to their customers. The judge eventually settled on R389 per 50 square metres, rather than the R500 music copyright owners demanded.