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

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International royalty distribution is applied to all members of CISAC without discrimination. In France, SPRE (EquitableRemunerations Society) only distributes to countries that recognise the right. The money that is not distributed becomes theproperty of the society, which should report to the Minister in charge of Arts and Culture.2.6. RELATIONSHIPS BETWEEN THE RECORDING ENTITIES AND THE ARTISTSThe nature of the agreement between recording entities and artists ensures that the validity of exclusive rights afforded bythe author may not exceed five years; the interruption of performance for two consecutive years shall automatically terminatethe contract (Article L132-18).SACEM in terms of its statutes provides advances to members without any interest, and not against royalties.Since collecting societies are regulated by the government, the relationships between collecting societies and artists aresound.2.7. TRAINING OF PROSPECTIVE ARTISTSAccording to SACEM statutes, 10% is made available for the training and social needs of members (Article 33).The French Intellectual Property Code, Article L321-9, compels collecting societies to provide action training programmes forartists.2.8. COPYRIGHT INFRINGEMENTSCollecting societies for recording companies SPPF/SCPP play a pivotal role in educating the community, and they alsoplayed a significant role during the establishment of HADOPI (which deals mainly with digital illegal downloading systems).Heavy penalties are imposed, up to €15 000 or five years’ imprisonment. The breach of proprietary rights is a crime.2.9. OTHERSIn France, the Copyright Law is under the Minister in charge of Arts and Culture. All issues that are IP related are controlledand implemented by Arts and Culture.2.10. CONCLUSIONHADOPI (High Authority for the Transmission of Creative Works and Copyright Protection on the Internet) is a governmentagency headed by a Board of nine members, three of which are appointed by the government, two by the legislative bodies,three by judicial bodies and one by the Superior Council of Artistic and Literary Property. The agency is vested with thepower to police Internet users.- 134 -
HADOPI‘s mandate is to ensure that Internet subscribers “screen their Internet connections in order to prevent the exchangeof copyrighted material without prior agreement from the copyright holders” (Article L336-3 of the Bill).SPRE is a good method of collection for equitable compensation (known as needletime in South Africa). SPRE collects,whereas the co-owners distribute to rights owners.The Audio-Visual Collecting Society for Actors, which collects on behalf of right owners, is another example of goodlegislation in France.3. INDIA3.1. INTRODUCTIONThe purpose of the benchmarking exercise was to ascertain the level of key activities of the music copyright environment inother countries in relation to the South African environment. This exercise included the following activities: Comparing the legislations; Assessing the effectiveness of the collecting societies; Distributions and collections of the royalties; and The relationships between the parties with the entire value chain.India was one of the seven countries selected for benchmarking. India was chosen based on: It is still a developing country with challenges that are not very different from those in South Africa; India’s music industry is successful and local music is exported globally; India has been successful in preserving its culture in a number of different areas; It is a former British colony like South Africa and, accordingly, the earlier legislations were inherited from the UK; and It is a big country (with a population in excess of one billion) and, as such, any potential challenge that may exist withinthe music copyright environment is expected to be found in India.The following institutions were visited in India at the beginning of June 2011:Institution’s NameRegistrar of CopyrightsResearch and Information forDeveloping CountriesRKD (Recording entity)Copyright Board (Ministry of Law andJustice)The Indian Performance Right SocietyLimitedPPL (Due to logistics problems, themeeting was cancelled)Purpose of the VisitTo obtain an understanding of the role of the Copyright Registrar and thechallenges faced by him with regard to the regulation of the collectingsocieties.To obtain an understanding of copyright legal framework and the structuresin place to support the Act.To obtain an understanding of the functioning of the Indian music industry.To obtain understanding of the effectiveness of the copyright disputeresolutions.To obtain understanding about the functioning of the collecting societies forauthors and composers.To obtain understanding about the functioning of the collecting societies forsound recording.- 135 -
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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
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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 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
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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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