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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 -
16 LIST OF SOURCES16.1 OFFICIAL REPORTSABRAMUS Annual Report, 2009Advisory Committee on the Copyright Act, Report on ‘Needle Time’ and ‘Blank Tape Levy’ (1993)Contract between SARRAL and one of its members (1996)Contracts between SAMRO and the commercial broadcasters (1980 to 2006)Countries Indicators: GDP (World Bank) 2011Foreign Currency Exchange Rates used to convert amounts denominated in foreign currencies into Rands as at the end ofAugust 2011: Canadian Dollars to One South African Rand = $0,1147 Indian Rupees to One South African Rand = Rs6,45 Norwegian Krones to One South African Rand = 0,4505NOK South African Rands to One British Pound = R11,64 South African Rands to One Euro = R10,20 South African Rands to One US Dollar = R7,60 Brazilian Real to One South African Rand = 0,2278 BRL Communaute Financiere Africaine Franc to One Rand = 63,6128 XAF Swiss Franc to One South African Rand = 0,11464 CHFFranki Committee (Copyright Law Committee) (Australia) 1974Gowers Review of Intellectual Property (2006)Gramo’s audited financial statements for the year ended 31 December 2010Hargreaves Digital Opportunity, a Review of Intellectual Property and Growth (2011)IPRS’s published music royalty tariffs (2007)IPRS’s audited financial statements for 2010 and 2009 financial yearsKing II Report by Institute of Directors Southern Africa (2002)- 107 -
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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
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Corporate Governance GapsKing II Re
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King IIIPrincipleKing IIIRequiremen
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King IIIPrincipleKing IIIRequiremen
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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 104 and 105: 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 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
Page 154 and 155: It was founded in 1928 by the Norwe
Page 156 and 157: 6.2. STRUCTURE OF COLLECTING SOCIET
Page 158 and 159: 6.5. COLLECTION OF MUSIC ROYALTIEST
Page 160 and 161: 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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