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

APPENDIX 2: INTERNATIONAL BENCHMARKING REPORTS1. BRAZIL1.1. INTRODUCTION1.1.1. REASON FOR SELECTING THE COUNTRYBrazil was chosen as a country for benchmarking because its structure for the collective management of copyright is uniquein that it has a two-tier system with a central office that manages collections on behalf of, and distributions to, all copyrightassociations. The different associations manage copyright of authors and composers, as well as neighbouring or relatedrights of recording companies and performers (in one society).Copyright legislation in Brazil makes provision for the protection of related or neighbouring rights, including: Interpretation and artistic performance (as well as musical); Radio broadcasts; Phonographic rights i.e. the fixation of sounds of a performance or interpretation; and The representation of sounds, which is not a fixation, included in an audio-visual work.South Africa is part of an economic forum with Brazil, Russia, India and China, known as BRICS. South Africa shares withBrazil certain perspectives, policies and practices pertinent to emerging economies. One such development imperative is theWIPO Development Agenda.1.1.2. SOUTH AFRICA, BRAZIL AND THE WIPO DEVELOPMENT AGENDABrazil hosts the only academic institution that has status at WIPO sittings. This institution, headed by Professor PedroParanagua, has implemented some of the recommendations of the WIPO Development Agenda through a number of donorsupportedprogrammes in the IT as well as culture development fields. The IT programme is done in partnership with theUniversity of the Witwatersrand’s Learning Information Networking and Knowledge Centre in South Africa. The project hasmanaged to bring Brazilian and South African artists together to promote exchanges of content. Due to the limited time, itwas not possible to visit the institution or interview Prof. Paranagua. However, reports of the debates concerning copyrightreform, as well as reports on the programmes implementing some of the recommendations of the WIPO DevelopmentAgenda were obtained from the Internet. The programmes are discussed in more detail in the section dealing withdevelopment aspects of copyright.Even though the terms of reference of the CRC do not explicitly include the developmental aspects of copyright, it is obviousthat any consideration of copyright reform or review cannot ignore the developmental context of South Africa’s economy andculture. It is within this context that Brazil may offer best practice models on how to become a music exporting rather than amusic importing country, and for copyright and Intellectual Property (IP) in general to make an impact on democracy andsustainable development.- 119 -