A Northern Cape author and lecturer at Sol Plaatje University, Sabata-mpho Mokae, said that he is heartbroken and disappointed in the provincial Department of Sport, Arts and Culture, which ’grossly violated’ the Copyright Act when it photocopied and distributed his novel.
A NORTHERN Cape author and lecturer at Sol Plaatje University (SPU), Sabata-mpho Mokae said that he is heartbroken and disappointed in the provincial Department of Sport, Arts and Culture, which “grossly violated” the Copyright Act when it photocopied his novel and handed it to a book club that was supposed to represent the Province at the Fundza Mzansi Championships.
Mokae said he got word from one of the book club members in Jan Kempdorp that his book, ‘Moletlo Wa Manong’, had been photocopied.
“I received a call from the book club member on Monday informing me that my book had been photocopied. I was shocked as I was not aware of the incident,” said Mokae.
He said that prior to this, he had only received a call from someone at the department asking if he had any books available for the department.
“I at the time explained to the person that I do not sell the books nor do I keep boxes of my book at home. I explained that the book is available at a bookstore, which also has a branch in Kimberley. Not once did the person say that they are in a fix and need several books or ask whether I could help. Had that been the case, I would have made the necessary arrangements with my publisher,” Mokae said.
He said the incident has left him disheartened and numb.
“I truly did not expect this from the Department of Sport, Arts and Culture. This is the department that is supposed to be the custodian of copyright. Also, I have had a relationship of more than 15 years with the provincial department.
“There were many writer’s workshops held in various parts of the Province that were organised by the department where I had given my support and shared my knowledge with upcoming local writers during these workshops. I have never requested remuneration from the department when I attended the workshops. I had paid for my trips to the workshops from my own pocket. I have also never sent them an invoice for the training I would give to writers during those workshops. It is disappointing to see that the same department, which I had walked such a long way with, is guilty of such a crime.”
Mokae said he has had no response from the department.
“The department has been very quiet and has not apologised or said anything regarding the matter. These are people who know me personally. They know of the various avenues at their disposal on how to get hold of me. They know where I stay, where I am employed and even know who my publisher is. They cannot use the excuse that they had since struggled to get hold of me.”
He added that his publisher, Xarra Books, is outraged over the incident.
“My publisher contacted a copyright lawyer on Tuesday. I have, however, instructed the lawyer not to send a letter of demand yet. Our next step will be determined by the response and behaviour of the department. The tone of their response will determine what we do next.”
Mokae said he is not preparing for a war.
“I am not confrontational. This incident is very upsetting, as someone took a book that took me more than three years to write and publish and just decided to photocopy it within a few minutes. The book went through many revisions before it was released. For someone to photocopy it is just disrespectful.
“What is even more distressing is that this was not done by a government department that might not have any knowledge of copyright infringement, but by the department which is supposed to protect the rights of artists. The Department of Sport, Arts and Culture is supposed to support and advocate for the rights of artists.”
Mokae added that he is not sure how many photocopies of his book were made.
“I do not know how many photocopies have been made, but even if one photocopy was made, it still is an infringement of copyright. The book club has sent an e-mail to the department expressing their disappointment. The book club indicated that this was the second incident whereby the department had handed them photocopies of a book written by a local author.
“The actions of the department are incomprehensible as my book is not unaffordable. My book is taught at the Central University of Technology (CUT) in Bloemfontein. If students can afford to buy a copy of the book, how can an entire department not have the budget to buy my book.
“The department is supposed to lead the example in supporting artists with their work, not steal from them. That is one of the reasons one always hears of artists who died a pauper because of such incidents. Artists live off their craft and the department is aware of this. They should have done better.”
The book club that received the photocopied book stated in an e-mail addressed to the department that the department had shown “pure disregard” for the work of the author.
The National Writers Association of South Africa (Nwasa), in a statement, also condemned the actions of the provincial department.
“Judging from the laborious government processing of services, from filling and signing of requisition forms to the printing and distribution of the copies of the book, it can be deduced that this was an act of impunity involving several people instead of it being a human error committed by at least one individual out of exuberance or ignorance,” the association stated.
“Nwasa believes that now. more than ever, the envisaged national book policy, coupled with the enactment of the Copy Rights Amendment Bill, cannot be delayed any further in order to avoid such an afront to creativity and literature development in South Africa. Therefore, Nwasa calls upon Minister Mthethwa to intervene in the saga as it seems to be a virus spreading across the country.”
The Northern Cape Department of Sport, Arts and Culture has apologised for the incident.
Department spokesperson Conrad Fortune said in a statement on Thursday that photocopies of the book were made available to the book club as they were still awaiting the original books from the National Library Service.
“As a department, we need to emphasise that the copying of the books was not made for financial gain and there was no malicious intent to undermine the authors. The copies were made with the intent to assist book club members from Jan Kempdorp as part of their preparation to both participate and compete in the annual Funda Mzanzi national book club competition,” said Fortune.
“The Funda Mzanzi is a competition co-ordinated by the National Library Service where book club members are required to do book reviews, read and debate on prescribed books, of which ‘Moletlo Wa Manong’ is to be used in the Setswana category and ‘The Yearning’ in the English category. Unfortunately, the book club has not received the original copies of the books as yet from the National Library Service and hence a copy was made of each book.
“A copy of the books was thus made in a reaction of over-eagerness to assist the book club, which led to the fact that oversight took preference over compliance. We are mindful of the fact that ignorance of the law is no excuse. As a department, we need to indicate that we do not justify the act of copying any books nor do we condone it.
“The department is in the process of reaching out to both authors, Sabata Mokae and Mohale Mashigo, as well as their respective publishers, Xarra Books and Picardo Africa, to firstly apologise in person and also to see how best we can address the contravention in an amicable manner.
“The department will, however, institute an internal investigation around the matter in order to provide a comprehensive report,” concluded Fortune.
