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

(iv) The inclusion in a phonogram or any audio-visual production;(v) The distribution, when not inherent to the contract signed by the author with third parties for the use and exploration ofthe work;(vi) The distribution of works or productions by means of cable, optical fibre, satellite, waves or any other system that allowsthe user to make the selection of the work or production to receive it at a time and place previously determined by theperson who formulates the demand, and in cases where the access to the works or production is done by any systemthat means payment done by the user;(vii) The direct or indirect use of the literary, artistic or scientific work, by means of:a) representation, recitation or declamation;b) musical execution;c) use of loudspeakers or similar systems;d) radio or broadcasting;e) reception of transmission of radio broadcasting in places of collective attendance;f) background music;g) audio-visual, cinematographic display or by any similar process;h) use of artificial satellites;i) use of optical systems, telephone wires or not, cables of any kind and similar means of communication that may beadopted; andj) exhibition of works of art;(viii) The inclusion of the work in a database, the storage in computer, microfilming and other forms of filing; and(ix) Any other existing forms of use or that may be invented.The law, in Article 97, stipulates that associations should be non-profit, prohibits membership in more than one association,and allow members to change between associations, subject to prior written notification to the original association. Article 28stipulates that members mandate the association to perform all acts (judicial or extra-judicial) in defence of their copyrightand for the collection of their royalties. It further states that owners of copyright can act in their own defence and protection ofcopyright, subject to prior notification to the association. Rights are, therefore, not assigned and if members move to anotherassociation, their rights move with them. This provision allows for competition between associations for membership andprovides an incentive for associations to improve their services.Article 99 stipulates that the central office for collections should be non-profit and directed and managed by the associations.At present, government has no power to intervene in cases where an association functions ineffectively or engages infraudulent activities.1.3. THE EFFECTIVENESS OF THE RELEVANT LEGISLATIONThe proponents of copyright, including ECAD and all the associations, believe that the law is effective, particularly the lack ofgovernment regulation and intervention, thereby optimising free enterprise and good, efficient organisational practice.The revenue of ECAD of $374 255 579,82 in 2008, despite the world economic crises, reflected an increase of 12,63%,showing that the implementation of the copyright law has contributed to economic growth and the individual income of artists.- 121 -