The much-debated Copyright Amendment Bill and Performers Protection Amendment Bill are back in the spotlight — and now, in front of South Africa’s highest court.

As reported in a press release issued on 19 May 2025, key players in the advertising, publishing, music, and film industries — including NAMA (our industry body), MASA, CPA, SAASP and others — are heading to the Constitutional Court to oppose these Bills, arguing they pose a serious risk to the future of South Africa’s creative sector.

At KingClip, we believe in protecting our talent and our clients, so here’s a quick breakdown of what this means and why it matters to YOU.

The Copyright and Performers Protection Bills aim to reform the way performers are compensated for the use of their image, voice, or performance in audiovisual works. Sounds fair, right?

Well… not quite. Industry stakeholders are challenging these Bills because:

• They give the Minister sweeping powers to enforce “standard elements” in contracts — a vague and undefined clause that could limit your freedom to negotiate.

•    They introduce a new “statutory royalty” that would entitle performers to share in ALL profits from the commercial use of content — including ads, videos, and other audiovisual works — indefinitely.

•    They place massive reporting and legal compliance burdens on agencies, producers, and clients — with criminal penalties (including fines or jail time!) for those who can’t keep up.

While we fully support performers receiving fair compensation, the proposed legislation could cause:

•    Uncertainty around pay: If royalties become a “moving target,” performers might wait months (or years) for additional payments — or none at all.

•    Slower production timelines: With disputes referred to retired judges, you could be left waiting instead of working.

•    Less work, fewer opportunities: If SA becomes too risky or expensive because of this legislation, international clients might just go elsewhere.

For our trusted production and brand partners, the Bills mean:

•    More admin and red tape

•    Possible contractual confusion

•    Greater legal and financial exposure

In short, the Bill in its current format could make South Africa a less attractive destination for film and commercial production — and that’s a risk to all of us who thrive in this industry.

We’re not sitting still.

As a proud member of NAMA, KingClip has joined forces with other industry bodies to ensure the rights of performers and clients are protected. We support fair compensation, but we also fight for a creative environment that’s sustainable, clear, and professional.

Our legal team is watching this Constitutional Court case closely and we’ll keep you updated every step of the way.

“This isn’t just about contracts — it’s about creativity, livelihoods, and keeping South Africa a top destination for world-class storytelling,” says Dave Brittz, founder of KingClip. “We’ll always stand up for our talent and our clients — that’s the KingClip promise.”

Get in touch with our team anytime -

Let’s keep making magic — together, and fairly.

#KingClipProtects #CopyrightReformSA #CastingWithIntegrity #NAMAstrong #TalentRightsMatter