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

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Copyright Amendment Act of 1984Copyright Amendment Act of 1992Copyright RegulationsElectronic Communication and Transactions Act, 2002 (ECT Act)Electronic Communications Act, 2005 (EC Act)Guidelines for Recognition of Industry Representative Bodies of Information System Service Providers(Government Notice 1283 in Government Gazette 29474 of 14 December 2006)Independent Communications Authority of South Africa Act of 2000Labour Relations ActNational Credit ActPatents Act 57 of 1978Performers Protection Act 1967Performers' Protection Amendment Act 200216.4.9 United KingdomStatute of Anne 1710 (8 Ann., c. 21)Copyright Act of 1886 (49 & 50 Vict. c. 33)Copyright Act 1838 (1 & 2 Vict. c. 59))Co Copyright Act of 1842 (5 & 6 Vict. c.45) (Talfourd's Act)Copyright Act of 1911Copyright Act of 1956 (4 & 5 Eliz. 2, c.74)Copyright, Designs and Patents Act, 1988Digital Economy Act 2010- 112 -
APPENDIX 1 (A): LIST OF PEOPLE WHO SENT WRITTENREPRESENTATIONS TO THE CRCSubmission 1: South African Music Rights Organisation (SAMRO)Submission 2: National Association of Broadcasters (NAB)Submission 3: DMX Music (Africa) LimitedSubmission 4: The Association of Independent Record CompaniesSubmission 5: University of Free StateSubmission 6: South African Music Promoters Association (SAMPRA)Submission 7: Writers Guild Association of South AfricaSubmission 8: Colin ShapiroSubmission 9: Louis PutterSubmission 10: Chris NtuliSubmission 11: Pierre LombardSubmission 12: Denise NicholsonSubmission 13: Aubrey DiphokoSubmission 14: Ayanda RodaSubmission 15: Nkululeko SupingSubmission 16: JJ Diedericks – Radio PretoriaSubmission 17: South African Music Promoters Association and Recording Industry of South Africa (RiSA)Submission 18: South African Broadcasting Corporation (SABC)Submission 19: Peter KlatzowSubmission 20: CWUSASubmission 21: Show Business FoundationSubmission 22: National Organisation for Reproduction Rights in Music (NORM)Submission 23: Department of LabourSubmission 24: Minister of Science and TechnologySubmission 25: SR WillemseSubmission 26: Dramatic, Artistic and Literary Rights Organisation (DALRO)Submission 27: University of Cape Town- 113 -
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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
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8.1.4.2. Needletime royalties are n
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8.1.7.4. For the past five years, V
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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 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 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
Page 162 and 163: 16.4.14 SWISSPERFORM: CHF4 millionI
Page 164 and 165: Cross-border licensing of digital r
Page 166 and 167: 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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Page 224:
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