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

More documents

Recommendations

Info

1.3.8. Determine whether all money collected is distributed and for what purposes any remaining money is being used,e.g. for administration or social pension purposes.1.3.9. Assess a sample of contractual relationships between collecting societies in the music industry and other userssuch as hoteliers and places of employment. Determine how these contracts are structured and how royaltiesare fixed.1.3.10. Determine whether collecting societies, both nationally and internationally, collect for members only and/or fornon-members. Assess how the royalties of non-members are treated and distributed, including the effort takenby collecting societies to trace non-members whose royalties are in their custody.1.3.11. Assess reciprocal agreements between collecting societies and their counterparts, and determine who owns therights in such a relationship. Are rights assigned to third parties without the consent of the owner of thoserights?1.3.12. Assess how reciprocal agreements operate among states. Can South Africa, for example, direct how reciprocalagreements should be structured in terms of Section 4 of the Performers' Protection Act, 1967?1.3.13. Assess contractual relationships among artists and big recording companies, such as Sony, EMI, Gallo andUniversal, and publishing houses pre- and post-Copyright Amendment Act, 2002 and the Performers' ProtectionAmendment Act, 2002.1.3.14. Determine whether accredited collecting societies are complying with the Copyright Regulations regarding theadministration and distribution of needletime royalties. Recommend a compliance model for good corporategovernance.1.3.15. Assess contractual relationships among artists and independent labels pre- and post-Copyright AmendmentAct, 2002 and the Performers' Protection Amendment Act, 2002. How are royalties distributed, flowing fromthese contractual relationships?1.3.16. Assess how foreign broadcasters treat the playing of music of South African artists and composers who do notbelong to collecting societies and where no reciprocal agreements exist. Determine if any royalty is payable, towhom it is payable and how such royalty is treated by the laws of various countries where it is collected.1.3.17. Assess all licences issued by ICASA to public and private radio and TV stations in relation to music genres. Isthere compliance with the terms of the licence? How can enforcement be improved?1.3.18. Determine whether collecting societies are complying with the general rules of corporate governance in terms ofrelevant legislation and the Copyright Regulations, 2006, which regulate the administration of the needletimeroyalty.1.3.19. Assess the efficiency of legislation in South Africa to deal with the concerns raised above.- 8 -
1.4 PROCESS FOLLOWED BY THE COMMISSION1.4.1. Advertisements in the print and electronic media invited interested parties to submit written representations onthe matters covered by the terms of reference. Twenty-eight written responses were received from theindividuals, companies and organisations listed in Appendix 1 (a).1.4.2. Members of the CRC attended public hearings, where interested parties were able to make oral submissions.These took place on 10 May 2011 in Cape Town, 11 May 2011 in Port Elizabeth and Bloemfontein, 12 May2011 in Kimberley, 13 May 2011 Potchefstroom, 16 and 17 May 2011 in Johannesburg, and 19 May 2011 inDurban.1.4.3. A summary of the oral representations at these hearings was compiled by the CRC secretariat and is set out inAppendix 1 (b).1.4.4. The CRC investigated the majority of items reported to it. There were, however, some important items that theCommittee could not investigate as they fell outside the scope of its terms of reference. The CRC will referthese items to the Standing Advisory Committee on Intellectual Property for the Minister of Trade and Industry.1.4.5. The CRC wishes to express its gratitude to those who submitted written and made oral representations.1.4.6. Following these submissions, members of the CRC undertook an international benchmarking exercise andvisited seven foreign countries to obtain comparative material to assist it to make recommendations based oninternational best practice.1.4.7. The international benchmarking reports prepared after these visits are set out in Appendix 2 and the keyfindings summarised in Chapter 14.1.4.8. Meetings were held with representatives from the collecting organisations active in South Africa: the SouthernAfrican Music Rights Organisation Ltd (SAMRO); the Performers Organisation of South Africa (POSA), a trustset up to administer needletime rights for SAMRO's performer members; the South African Music PerformersRights Association (SAMPRA); the National Organisation for Reproduction Rights in Music in Southern AfricaLtd (NORM); the Recording Industry of South Africa (RiSA); the Dramatic, Artistic and Literary RightsOrganisation (DALRO); and two former directors of the South African Recording Rights Association Ltd(SARRAL), a collecting organisation now in liquidation.Meetings were held with representatives of the main role players in the music industry in South Africa: theSABC; Primedia Broadcasting; the SABIDO Group, which owns e.tv and the ESAT news channel; the NationalAssociation of Broadcasters (NAB); MultiChoice; M-Net; TELKOM, Vodacom; the Internet Service ProvidersAssociation (ISPA); the Wireless Application Service Providers Association (WASPA); Sony MusicEntertainment (Pty) Ltd; EMI Music South Africa; Universal Music (Pty) Ltd; and the Gallo Record Company Ltd.In addition, several government departments and bodies sent representatives who gave evidence before theCRC and provided information, viz. ICASA, the Department of Arts and Culture (DAC), and the office of theNational Director of Public Prosecutions (NDPP).- 9 -
Page 2 and 3: TABLE OF CONTENTSLIST OF ABBREVIATI
Page 4 and 5: 11.8 RECOMMENDATIONS ..............
Page 6 and 7: LIST OF TABLESTable 1: Cases of Non
Page 8 and 9: NORMOSPsPOSAPPLPPL (India)ProLitter
Page 10 and 11: These problems are addressed in the
Page 12 and 13: xxi.The report considers developmen
Page 16 and 17: 1.4.9. The CRC derived considerable
Page 18 and 19: 2.3 SUBMISSION BY THE DEPARTMENT OF
Page 20 and 21: Aspects of Intellectual Property Ri
Page 22 and 23: (1) Subject to the provisions of th
Page 24 and 25: Copyright Tribunal or an arbitrator
Page 26 and 27: society, the South African Recordin
Page 28 and 29: 3.2.14. With the liquidation of SAR
Page 30 and 31: the final rate or rates to be appli
Page 32 and 33: (a)that payment is to be made to th
Page 34 and 35: information as to their use to enab
Page 36 and 37: The WCT and WPPT oblige members to
Page 38 and 39: Once the handset technology changed
Page 40 and 41: 4.3.16. In 2009, in what was coined
Page 42 and 43: 4.4.6. In exchange for the above li
Page 44 and 45: operators are licensed by NORM to p
Page 46 and 47: 5.2 FUNCTIONING OF COLLECTING SOCIE
Page 48 and 49: the grant of licences. Article 17 o
Page 50 and 51: 6.1.3. The CRC’s assessment of th
Page 52 and 53: 6.3.3. SAMPRA should be given one y
Page 54 and 55: Corporate Governance GapsKing II Re
Page 56 and 57: King IIIPrincipleKing IIIRequiremen
Page 58 and 59: King IIIPrincipleKing IIIRequiremen
Page 60 and 61: 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 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 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
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
Page 188 and 189:
(f)(g)doing, in relation to an adap
Page 190 and 191:
(i)requiring notice of any intended
Page 192 and 193:
(b)any organization claiming to be
Page 194 and 195:
PERFORMERS’ PROTECTION ACTNO. 11
Page 196 and 197:
the parties may agree to refer the
Page 198 and 199:
- 192 -
Page 200 and 201:
- 194 -
Page 202 and 203:
- 196 -
Page 204 and 205:
- 198 -
Page 206 and 207:
ANNEXURE 5: COPY OF SARRAL’S CONT
Page 208 and 209:
- 202 -
Page 210 and 211:
ANNEXURE 6: SARRAL’S AUDIT REPORT
Page 212 and 213:
- 206 -
Page 214 and 215:
TERMS OF REFERENCESNO’SREQUIREMEN
Page 216 and 217:
Page 218 and 219:
Page 220 and 221:
Page 222 and 223:
Page 224:
- 218 -
show all

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

Create successful ePaper yourself

Delete template?

Save as template?