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

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Proprietary rights allow authors to exploit their works for financial gain. Authors have the right to authorise reproduction ofworks or public performances, and may also prevent the reproduction of works.The French copyright law treats a protected work as an extension of the personality of the author which is protected bycertain moral rights. The Author has the right to “respect of his name, of his status as author, and of his work” (Article L121-1).Contrary to the position in most common law jurisdiction, the breach of propriety right is a criminal offence in France. Thisattracts a fine of up to €300 000 (about US$375 150 or £247 100 as of July 2010).List of entities visited: CISAC (Representative of Authors Worldwide); SNAM (Musicians Union of France); Ministry of Arts and Culture (Secretary General); SCAM (Audio Visual); ADAMI (Featured Artists); SPEDIDAM (Non-Featured Artists); SPRE (Collecting Agency for Performers/Producers); SPPF (Small Recording Labels); SORECOP (Collecting for Private Copying); and SCPP (Record Companies Majors).SPRE collects ‘equitable compensation’ (the equivalence of our needletime royalties), which are then distributed by membercompanies (SCPP, SPPF, ADAMI and SPEDIDAM) to producers and performers. SPRE is also co-managed by these fourmember companies.The above mentioned four companies distribute the royalties directly to performers and producers on the basis of statementsprovided by television and radio stations or to other surveyed distributors of music.In accordance with the Act, a portion of the total royalties collected by SPRE is intended to be used for general activities, forexample: Aid for creation, Dissemination of the performing arts, and Training of artists; and The financing of numerous actions and events.2.2. ASSESS THE EFFICIENCY OF THE RELEVANT LEGISLATIONSThe French Intellectual Property Code regulates the formation of a collecting society, Article L321-1 to L321-13. A standingcommittee is established to oversee royalty collection and distribution.- 132 -
The societies are obliged to report to the Minister in charge of Arts and Culture at the end of every financial year. Theinformation contained in these report is verified by the auditor for honesty and consistency with the accounting documents ofthe society.2.3. ASSESS THE EFFECTIVENESS OF THE STRUCTURE OF COLLECTING SOCIETIESMost societies operate on the basis of one society per right, though there is some duplication, particularly as regards toaudio-visual works.The level of the competition is not that high among the collecting societies in France, however, there is competition betweenADAMI and SPEDIDAM. ADAMI represents featured artists and SPEDIDAM non-featured artists.Ownership structures are determined by the members during their General Assembly. Members have all necessary rights,voting rights and full participation within societies.2.4. COLLECTION OF ROYALTIESThere are simple agreements between societies and the users since they all account to the Ministry of Arts and Culture. Inthe case of sound recording rights, SPRE collects on behalf of ADAMI, SPEDIDAM, SPPF (small record companies) andSCPP (major record companies). SACEM collects on behalf of authors, composers and publishers. SORECOP collects foreverybody.Tariffs are determined by all stakeholders, with the endorsement of Ministry of Arts and Culture.France has developed a data-sharing mechanism to track the usage of music in radio and television, mobile phones andother mediums. Societies or agents invoice broadcasters. SORECOP, a collecting society for private copying, has anagreement with SACEM to collect royalties for authors only, while SPRE collects on behalf of Adami and SPEDIDAM.Most users keep automated cue sheets, which societies or agents monitor to enforce compliance.Non-members are traced and their royalties protected. If notification for royalty distribution happens before a non-member isaccepted then his or her royalties will be released in the next distribution period.2.5. DISTRIBUTION OF ROYALTIESRoyalty distribution is done twice a year, with support programmes in place that compel all collecting societies to support thesocial needs of authors, performers, publishers, etc.The Article of Association (Article 9) stipulates a 20% ceiling in terms of administration.As determined by the Act, unclaimed royalties are held for 10 years, after which they are administered by the society for thesocial needs of members and their heirs.- 133 -
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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
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DetailsPerformance RightsSound Reco
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8.2.7 Comparative Study Performed b
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y a collecting society. A rights ho
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agency, its rights being derived fr
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Mr Robinson said DALRO assumed the
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10.1.6. The distribution to publish
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10.4.4. Most of the other collectin
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10.6.3.4. South African English-lis
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10.10 CONTRACTUAL RELATIONSHIPS BET
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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 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 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
Page 168 and 169: Collecting societies in the UK all
Page 170 and 171: APPENDIX 3: RECOMMENDATIONS BY MITT
Page 172 and 173: 1.PREAMBLEThe Music Industry Task T
Page 174 and 175: The environment in which the music
Page 176 and 177: 3.1.3 IMPLEMENTATION AND ACCESSION
Page 178 and 179: In this regard, the Minister should
Page 180 and 181: 3.5.6 OMBUDSMANThe music industry s
Page 182 and 183: RECOMMENDATION 23:The MITT recommen
Page 184 and 185: The MITT further recommends that DA
Page 186 and 187: 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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