Question posted in the Intellectual Property Law category relating to Western Cape
I hope this message finds you well. I am an aspiring content creator who is considering starting a Twitch channel to discuss and analyze current events. Twitch is an online streaming platform where users broadcast live video content, and my goal is to provide commentary and engage with my audience by reacting to live news coverage.
I am particularly interested in reacting to live broadcasts from eNCA (eNews Channel Africa) while adding my own commentary, analysis, and discussions with viewers. I aim to comply with South African laws regarding copyright and fair dealing, specifically concerning the use of news material for purposes such as critique, reporting, or education.
My understanding of fair dealing in South Africa is that it allows limited use of copyrighted material without permission under specific conditions, such as for criticism, review, or news reporting. However, I would like to ensure that my proposed content falls within the legal bounds of this exception and does not infringe on eNCA’s intellectual property rights.
Some specific questions I have include:
Would my use of eNCA’s live broadcasts with added commentary likely fall under the fair dealing provisions in South African law?Are there any specific steps I should take to minimize legal risks, such as disclaimers, crediting eNCA, or limiting the duration of footage used?Are there other legal considerations I should be aware of when creating this type of content?
I would greatly appreciate your guidance on this matter. Please let me know if you require further details about my intended content or need clarification on any aspect of my inquiry.
Thank you for your time and assistance.
Best regards, Alexa