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

for the selected artists. The outcome of such audits should be reviewed by both the dti and the respective artiststo determine the trends and the level of integrity of the recording entities. See paragraph 10.12.6 of Chapter 10.15.2.17. Multichoice should discontinue its practice of providing broadcasting platforms to content service providers whoare unlicensed music users. See paragraph 8.1.2.6 of Chapter 8.15.2.18. The existence of independent qualified directors within the collecting societies is encouraged and recommended.See paragraph 7.4.2.5 of Chapter 7.15.2.19. The collecting societies should review and benchmark their tariffs at least once every five years. See paragraph8.2.12 of Chapter 8.15.2.20. The liquidators of SARRAL should consider initiating a civil case against the former directors of SARRAL forbreaching members’ contracts. See paragraph 7.4.1.2 of Chapter 7.15.2.21. The CRC strongly recommends that DALRO take urgent steps to satisfy itself that the local publishers thatmandate it to license articles are entitled to give it such mandates, not only in respect of Section 11A rights, butalso in respect of rights arising under Section 6 (a), and furthermore where articles have been copied underlicences issued, that the persons who hold the Section 6 (a) rights receive the royalties to which they are entitled.See paragraph 9.3.1 of Chapter 9.15.2.22. WASPA should amend its Code of Conduct to provide for the right to suspend members that fail to conclude alicence with the collecting societies and/or pay the necessary royalties. See paragraph 4.8.3 of Chapter 4.15.2.23. Currently, there are countries such as the US that do not recognise sound recording rights for broadcasting.Performers and recording entities are, therefore, not compensated for the use of their works by radio stations. Inline with international trends, the CRC recommends that payments should not be made in respect of soundrecordings for artists and recording companies from countries that do not recognise these rights. See paragraph10.12.9 of Chapter 10.15.2.24. SARRAL’s liquidators should consider and assess the appropriateness of the mechanical rights monies payable toSARRAL by some of the broadcasters and mobile telephone operators as a result of the use of these rightsbetween 2000 and 2007. See paragraph 8.1.8.4 of Chapter 8.- 106 -