THREE years ago I was commissioned to write a shortish book on The Spear, the moving portrait of President Jacob Zuma by the Cape Town artist Brett Murray, as part of a bold venture into uncharted waters by Tafelberg, the publishers, who wanted to issue a series of topical, digital-only titles.
I don’t believe many people have even heard of Heart of Dickness. When I last checked, it was ranked 2 447 185 on Amazon.com’s best seller list. These things do take time, I suppose, and one still lives in hope.
But one person who has read it is British novelist Nicola Barker (In The Approaches and The Yips, among others). She was kind enough to inform readers of the Financial Times that it was “an utterly fascinating, dry, funny and at points rather sobering investigation into the conflict between creative expression and human dignity in the post-apartheid era.”
I mention all this because government is now suggesting that my moral and intellectual property rights to Heart of Dickness and any other book I may write be handed over to the state the moment I die.
This utterly stupid and criminal proposal – outlined in the Copyright Amendment Bill, and gazetted last month for public comment – is a blatant violation of the Berne Convention, which is endorsed by 168 countries, including South Africa.
This treaty states the “term of protection” or copyright conferred on literary and artistic works is “the life of the author and 50 years”. Furthermore, in terms of the current legislation, copyright can be passed on – like movable property – by testamentary disposition to an artist’s heirs.