South African Education Unions Advocate for Copyright Reform to Enhance Access to Learning Materials

Education International (EI) and its affiliated organizations, including South Africa’s leading teacher unions, have called for urgent reforms to copyright laws that currently restrict access to educational materials. These reforms aim to eliminate barriers that prevent teachers and students from obtaining and adapting learning resources, particularly for inclusive and decolonized education.

The call for change was a focal point at the Copyright & Public Interest Conference held from February 3 to 6, 2025, in Cape Town. The event was co-sponsored by Education International and brought together representatives from the South African Democratic Teachers Union (SADTU), the National Professional Teachers’ Organisation of South Africa (NAPTOSA), the Kenya National Union of Teachers (KNUT), as well as librarians, legal experts, academics, policymakers, and creatives.

Participants emphasized the need for balanced and flexible copyright laws that prioritize public interest and education over corporate profits. A key topic was South Africa’s Copyright Amendment Bill (CAB), which has faced delays despite its potential to modernize the country’s copyright framework and align it with international best practices.

In his keynote address, Mugwena Maluleke, Education International President and SADTU General Secretary, stressed the urgency of decolonizing education and removing copyright restrictions that impede quality and inclusive teaching. Reflecting on his upbringing in rural Limpopo, Maluleke recounted how being compelled to learn in English and Afrikaans deprived him and his peers of education in their native languages, illustrating longstanding systemic barriers to knowledge access.

"The right to education is a fundamental human right. Our teachers should not be criminalised for striving to provide quality education to our children," Maluleke stated. He questioned whether innovative teaching methods, such as using music to teach mathematics, should be deemed criminal under current copyright laws.

Throughout the conference, speakers highlighted South Africa’s particularly restrictive stance on copyright exceptions for education, research, and cultural heritage. Tobias Schönwetter, Director of the Intellectual Property Unit at the University of Cape Town, noted that the Copyright Amendment Bill does not propose radical changes but rather introduces fair use provisions already common in many countries.

"The South Africa Copyright Amendment Bill isn't introducing a radical new approach to copyright. Many countries around the world already have fair use. It has been proven over and over again that it balances the rights of creators and users. Let’s not get lost in redundant discussions—let’s move forward," Schönwetter urged.

SADTU Vice President Faseega Solomons addressed the frustration educators experience due to outdated copyright laws that prioritize commercial interests over educational needs. "Teachers are frustrated by the lack of access to information. Current copyright frameworks prioritize commercial interests over public educational needs. With a more flexible system, we could significantly improve access to learning and teaching materials," she said.

Echoing these concerns, Hesbon Otieno of KNUT highlighted the global nature of the problem, pointing out that restrictive copyright laws in Africa and Latin America limit teachers’ ability to adapt materials to their students’ needs.

"Globally, we see that copyright laws, particularly in Latin America and Africa, disempower teachers. They create barriers to adapting materials for students and delivering quality education," Otieno remarked.

Another significant theme at the conference was the protection of Indigenous and traditional knowledge within copyright discussions. Panelists expressed concerns about the misappropriation of Indigenous knowledge and questioned who holds control over such knowledge.

They emphasized that Indigenous and oral knowledge systems often do not fit within Western intellectual property frameworks, as such knowledge is frequently not documented in conventional forms and involves distinct permission and governance structures. Indigenous data sovereignty was underscored as essential to ensuring respectful preservation and access to Indigenous knowledge.

The conference concluded with a unified call for South Africa to lead by example in reforming copyright laws to support education, cultural heritage, and equitable access to knowledge. Advocates urged President Cyril Ramaphosa to sign the Copyright Amendment Bill promptly to enable these vital changes.