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KEY ITEMS BRAZIL FRANCE INDIA NORWAY SOUTH AFRICA SENEGAL SWITZERLAND UKt.Automaticreversion ofcopyright to theoriginal ownerNot in place Not in place Not in place Not in place Not in place Not in place Not in place Not in placeu.Frequencies ofroyaltydistributions bycollectingsocietiesECAD = 12times per annumSACEM = fourtimes perannumIPRS = twiceper annumTONO = four timesper annum forbroadcasting andonce a year forothersGRAMO = once ayearSAMRO = twiceper annum (maindistributions)SAMPRA =None as yetBSDA = twiceper annumSUISA = 25 timesper annumPRS = four timesper annumPPL = onepayment perannumv.Royalties onringtones anddigital downloadsNot regulatedand, accordingly,no payments forperformancerightsPerformancerights arepayable onringtones anddigitaldownloadsPerformancerights arepayable onringtones anddigitaldownloadsPerformance rightsare payable onringtones anddigital downloadsNot regulatedand, accordingly,no payments forperformancerightsNot regulatedand,accordingly, nopayments forperformancerightsPerformance rightsare payable onringtones anddigital downloadsPerformancerights arepayable onringtones anddigital downloadsw.Accessions toWIPO CopyrightTreaty,WPPTNo Yes No No No Yes Yes Yes- 98 -
14.1.5. The total music royalty collections as a percentage of the GDP (in Table 28 (a)) amounted to 0,0128% in 2010 forSouth Africa and is the third-lowest ratio among the countries selected for benchmarking. France and the UK havethe highest ratios at 0,0468% and 0,0417% respectively. The higher ratios for the developed countries (mainlyFrance and the UK) are largely because: Higher tariffs are in place; Major problems around the royalty collections of the digital downloads and ringtones have been resolved; There is a lower proportion of unlicensed users; and Turnaround times for tariff disputes are shorter, and the industry is more mature.Brazil’s ratio is the second lowest among the selected countries, largely because of lower tariffs. Only 50% of theradio broadcasters pay for the usage of music and a significant number of commercial music users are notrequired to take licences.14.1.6. A higher growth rate in collections (of 16%) in Brazil (in Table 28 (b)) is largely because of the low base (growth inthe market and awareness of the users about the need to get the appropriate licences). An 11% growth for SouthAfrica is mainly due to the growth phase of SAMPRA.14.1.7. Despite the fact that collections are not generated for needletime rights from local broadcasters, South Africa’sratio of broadcasting collections to total collections stands at 48% (in Table 28 (c)), which is the third-highestamong the selected countries. This is a clear indication of the fact that the collection problems are not limited tobroadcasting. As indicated above, there are other problems with local collections.14.1.8. The average collections per employee (in Table 28 (d)) for Brazil of R2 132 632 (for 2010) is based on theemployees numbers for ECAD (Central Collection and Distribution Agency) and does not include the employeesnumbers for the 10 collecting societies. The average for SAMRO is R1 620 806 (which is second-lowest amongthe parties selected for benchmarking). The unfavourable ratio for SAMRO is due to: Some of the human resources are assigned to the management of the investment portfolios, Tariffs are relatively lower, and The staff numbers are relatively higher.SAMPRA’s average is R4 116 111 per employee. This was achieved without the broadcasting and some retailcollections and, therefore, SAMPRA’s ratio can be expected to improve once the disputes are resolved.14.1.9. In computing the average distributions per member (in Table 28 (e)), the foreign distributions have been excludedsince they are not payable to members but rather to sister societies.14.1.10. The average pay per employee per annum for IPRS amounted to R39 447 (in Table 28 (f)) compared to SAMROand SAMPRA at R298 893 and R494 423 respectively. The annual pay for IPRS is almost equal to the monthlyaverage pay for SAMPRA.14.1.11. With regard to collections (licence revenues) generated for every rand spent on labour cost (in Table 28 (g)),SAMRO has the lowest ratio of R5,42. This is in line with the ratio of administration cost-to-royalty revenue of- 99 -
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TABLE OF CONTENTSLIST OF ABBREVIATI
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11.8 RECOMMENDATIONS ..............
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LIST OF TABLESTable 1: Cases of Non
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NORMOSPsPOSAPPLPPL (India)ProLitter
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These problems are addressed in the
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xxi.The report considers developmen
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1.3.8. Determine whether all money
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1.4.9. The CRC derived considerable
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2.3 SUBMISSION BY THE DEPARTMENT OF
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Aspects of Intellectual Property Ri
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(1) Subject to the provisions of th
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Copyright Tribunal or an arbitrator
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society, the South African Recordin
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3.2.14. With the liquidation of SAR
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the final rate or rates to be appli
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(a)that payment is to be made to th
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information as to their use to enab
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The WCT and WPPT oblige members to
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Once the handset technology changed
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4.3.16. In 2009, in what was coined
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4.4.6. In exchange for the above li
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operators are licensed by NORM to p
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5.2 FUNCTIONING OF COLLECTING SOCIE
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the grant of licences. Article 17 o
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6.1.3. The CRC’s assessment of th
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6.3.3. SAMPRA should be given one y
Page 54 and 55: Corporate Governance GapsKing II Re
Page 56 and 57: King IIIPrincipleKing IIIRequiremen
Page 58 and 59: King IIIPrincipleKing IIIRequiremen
Page 60 and 61: 8 COLLECTION OF MUSIC ROYALTIES8.1
Page 62 and 63: 8.1.4.2. Needletime royalties are n
Page 64 and 65: 8.1.7.4. For the past five years, V
Page 66 and 67: PRS (UK)SPRE (FRANCE)SUISA(SWITZERL
Page 68 and 69: DetailsPerformance RightsSound Reco
Page 70 and 71: 8.2.7 Comparative Study Performed b
Page 72 and 73: y a collecting society. A rights ho
Page 74 and 75: agency, its rights being derived fr
Page 76 and 77: Mr Robinson said DALRO assumed the
Page 78 and 79: 10.1.6. The distribution to publish
Page 80 and 81: 10.4.4. Most of the other collectin
Page 82 and 83: 10.6.3.4. South African English-lis
Page 84 and 85: 10.10 CONTRACTUAL RELATIONSHIPS BET
Page 86 and 87: 10.12.2. The Regulations should rec
Page 88 and 89: licence that the licensee comply wi
Page 90 and 91: 11.4.6. The details of ICASA’s ta
Page 92 and 93: RecommendationsTimelines for Recomm
Page 94 and 95: enterprises. There was a suggestion
Page 96 and 97: Copyright as it relates to copyrigh
Page 98 and 99: 13.4 DEPARTMENT OF ARTS AND CULTURE
Page 100 and 101: Table 28: Comparative Study’s Key
Page 102 and 103: KEY ITEMS BRAZIL FRANCE INDIA NORWA
Page 106 and 107: about 30%, which is the highest amo
Page 108 and 109: 15.1.3. The Copyright Tribunal’s
Page 110 and 111: 15.1.20. Local music content requir
Page 112 and 113: for the selected artists. The outco
Page 114 and 115: King III Report by Institute of Dir
Page 116 and 117: Paranagua Pedro, “Strategies to I
Page 118 and 119: Copyright Amendment Act of 1984Copy
Page 120 and 121: APPENDIX 1(B): SUMMARY OF ORAL REPR
Page 122 and 123: Due to the fact that the existing c
Page 124 and 125: Mr BrottelProtection of copyright m
Page 126 and 127: 1.1.3. LIST OF ENTITIES VISITED AND
Page 128 and 129: In the 2009 Annual Report of ABRAMU
Page 130 and 131: The implementation of this law led
Page 132 and 133: ecordings. In respect of audio-visu
Page 134 and 135: In 1995, ECAD distributed 72% of it
Page 136 and 137: niches in the market to ensure fair
Page 138 and 139: Proprietary rights allow authors to
Page 140 and 141: International royalty distribution
Page 142 and 143: 3.2. Relevant LegislationsThe prese
Page 144 and 145: IPRS uses the standard tariffs in r
Page 146 and 147: Ad-hoc workshops on copyright are c
Page 148 and 149: meaningful living out of their crea
Page 150 and 151: 4.1.3. LICENSING AND LEGAL REGIMESI
Page 152 and 153: Ballet teachers; Teachers in the fi
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It was founded in 1928 by the Norwe
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6.2. STRUCTURE OF COLLECTING SOCIET
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6.5. COLLECTION OF MUSIC ROYALTIEST
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1957, when the Managing Director of
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16.4.14 SWISSPERFORM: CHF4 millionI
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Cross-border licensing of digital r
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algorithm could be used to determin
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Collecting societies in the UK all
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APPENDIX 3: RECOMMENDATIONS BY MITT
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1.PREAMBLEThe Music Industry Task T
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The environment in which the music
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3.1.3 IMPLEMENTATION AND ACCESSION
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In this regard, the Minister should
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3.5.6 OMBUDSMANThe music industry s
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RECOMMENDATION 23:The MITT recommen
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The MITT further recommends that DA
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APPENDIX 4A: EXTRACTS FROM COPYRIGH
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(f)(g)doing, in relation to an adap
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(i)requiring notice of any intended
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(b)any organization claiming to be
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PERFORMERS’ PROTECTION ACTNO. 11
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the parties may agree to refer the
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ANNEXURE 5: COPY OF SARRAL’S CONT
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ANNEXURE 6: SARRAL’S AUDIT REPORT
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TERMS OF REFERENCESNO’SREQUIREMEN
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