Copyright Review Commission Report - ICT Law and Regulation ...

15.1.13. The ECT Act should be amended to require ISPs to adopt a graduated response for repeat infringers, culminating inthe suspension of access services to an individual. See paragraph 4.8.4 of Chapter 4.15.1.14. The CRC recommends amendment of the provisions relating to the Copyright Tribunal. In its opinion, the Tribunalshould consist of:1) a President and a Deputy President, both of whom should be High Court judges appointed by the President ofthe Republic on the recommendation of the JSC; and2) three other members appointed by the President of the Republic on the recommendation of the JSC, each ofwhom has at least five years’ experience at a high level in industry, commerce, business, public administrationeducation or the practice of a profession.The sittings of the Tribunal should be held at such places and times as the President of the Tribunal determines.See paragraph 3.3.11 of Chapter 3.15.1.15. The Copyright Act should be amended to provide for one collecting society for performance rights, one collectingsociety for sound recording rights, and one collecting society for mechanical rights. All music rights collectingsocieties (SAMRO, NORM and SAMPRA) should fall within the ambit of the Regulations issued under the Act, andthe Registrar should be empowered to supervise all collecting societies. See paragraph 7.4.2.1 of Chapter 7 andparagraph 6.3.4 of Chapter 6.15.1.16. The Copyright Act should be amended to allow the Registrar to take over the administration of any of the collectingsocieties (SAMPRA, NORM or SAMRO) if he or she has reason to believe that there has been a material breachof the Copyright Act or the Regulations. Currently, the law makes provision for accreditation withdrawal. This is,however, inappropriate because there will be only one collecting society per right and, if accreditation werewithdrawn for a collecting society, there would be no back-up for that right. It is, therefore, recommended that theRegistrar’s power to withdraw an accreditation of a collecting society be repealed and that he or she beempowered to take over the administration of such society. See paragraph 6.3.2 of Chapter 6.15.1.17. The Registrar should be empowered to take the administration of any collecting society under his supervisionshould he or she be satisfied that such society is run in a manner detrimental to the respective rights holders. Seeparagraph 7.4.2.2 of Chapter 7.15.1.18. The Regulations should recommend the appropriate period for retention of unclaimed royalties. It is recommendedthat the minimum retention period for unclaimed royalties should be five years and that any unclaimed royaltiesolder than five years may only be used for social-related activities and cultural projects for the benefit of localartists. See paragraph 10.12.2 of Chapter 10.15.1.19. ICASA should include as a condition in the broadcasters’ licences that needletime and copyright obligations haveto be complied with and that repeated failures by broadcasters to do so should lead to the cancellation of theirlicences. See Table 26 (e) of Chapter 11.- 103 -