According to a 2017 report published by the South African Cultural Observatory (SACO) the creative industry accounts for 2.93% of employment in the country. However, artists still battle to maintain a steady income without having to rely on other sources of income outside the industry.

Opening the Gauteng Creative Industries Indaba at a hotel in Braamfontein, Johannesburg, on Tuesday 23 April, Gauteng Premier David Makhura said:

“Gauteng accounts for 31.5% of all cultural and creative jobs in South Africa, employing close to 180,000 people”.

The Indaba is aimed at giving the creative industry — performers, filmmakers, actors, actresses, visual curators, poets, designers and more — an opportunity to articulate a blueprint for the industry in Gauteng.

“We work for small change in this industry. If you negotiate an offer, they will replace you with someone. They would rather take those people who settle for any price they are given,” said freelance actress Masabatha Matlala.

Closely tied to artist remuneration challenges was the legal framework concerning artists’ rights over their work. At the centre of this is the Copyright Amendment Bill which awaits the signature of the president to be passed into law.

Addressing the room full of artists, Arts and Culture Minister Nathi Mthethwa — who at the mention of the Bill was welcomed with a unified lashing out of “yes” from the crowd — said that due to the separation of powers that exists within Parliament, he cannot interfere with processes of the Bill.

“Minister Rob Davies (Department of Trade and Industry) and I thought it important not to disturb the process of both houses of Parliament. You would know the separation of powers. You would know that people become sensitive on that. We thought that since it went through us to be taken to Parliament let’s wait for the two houses to do what they are supposed to, lest we are accused,” Mthethwa said.

A major concern from creative industry stakeholders with the Copyright Amendment Bill is the clause that will allow for the free use of copyright content. Artists retaliated with petitions that circulated on social media platforms to reverse the decision to pass the bill. However, the Department of Trade and Industry, as reported by Business Day, reassured artists opposing the bill that it could be signed into law in full or partially, with some clauses rejected or completely withdrawn by the president and returned to the National Assembly.

Another notable concern in the legal and policy framework was contractual obligations that artists enter, which can ultimately leave them penniless. Mthethwa reassured artists that government will no longer sit back and allow big corporates to abuse the rights of artists.

“Standard terms of contract on the share of royalties as unfair contractual terms and assigning of rights unawares is one of the reasons why artists have not received their royalty rights. There have been concerns with the unfettered interference of these provisions in the bill as this is seen as violating contractual rights. We believe that this is not interfering with contractual freedom, but closing gap to ensure that contractual participants are aware of the minimum requirements in the contract such as the rights and obligations of the artist,” Mthethwa said.

“We will do everything in our power to ensure that creative artists are not exploited by the big… companies,” Mthethwa reassured the artists.

Speaking to Daily Maverick, filmmaker Eddie Ngomane said:

“The private sector should come on board to contribute to the industry and how they can collaborate with the government because when we approach them, we encounter legislative problems.

“But through a partnership between the private and public sector things can be made tangible. In other countries the industry is successful because the private sector partners with whatever initiative that is introduced by the creative industry.”

Emphasis was also placed on the division that exists within the sector itself. Mthethwa told the artists that the government cannot intervene where there are no unified structures.

Makhura said:

“Do not depend too much on government — a sector that depends too much on government does not thrive and you must maintain your independence.” DM