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

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meaningful living out of their creative works. KOPINOR represents 22 of the 38 organisations functioning in the copyrightdomain within Norway.KOPINOR also signs international reciprocal agreements with other similar bodies. Through its development fund, it iscurrently helping Malawi to draft a model law for the harmonisation of the collection and management of all rights related tocopyright.Collective rights management organisations in Norway include:BONO;FONO;GRAMO;KOPINOR (the Reproduction Rights Organisation of Norway);NORWACO; andTONO.Their role in the copyright regime is to accommodate the users’ need to use works (in a convenient and lawful manner)wherein KOPINOR acts as a facilitating agent. They also manage the rights of the creators, producers and publishers. Theirfocus is on growing the industry through effective use and management of the copyright regime, as do all other similarcollective rights organisations.KOPINOR is a member of IFPRO – the International Federation of Reproduction Rights Organisations. Its objectives are tosecure the economic and moral rights for authors and other right holders on a non-exclusive basis where the rights holdersfind it appropriate.KOPINOR concludes licences between users and author societies.In Norway, about 650 million copy pages are made from copyright works each year for internal institutional use. KOPINORlicenses and collects fees for about 90% of this volume. There is also a notable increase in digital use, around whichstrategies are currently being formed.KOPINOR’S member organisations are listed in the table below.FOCUS AREAAUTHORS LITERATUREMUSICMEMBER ORGANISATIONS1. The Non-Fiction Writers’ and Translators’ Association2. Norwegian Authors’ Union3. Norwegian Association of Literary Translators4. Norwegian Writers for Children5. Norwegian Playwrights’ Association6. Norwegian Comedy Writers’ Association7. Norwegian Society of Composers8. NOPA – Norwegian Society of Composers and Lyricists9. New Music Composers Group- 142 -
FOCUS AREAMEMBER ORGANISATIONSPRESSVISUAL ARTS ANDPHOTOGRAPHYPUBLISHERS10. Norwegian Union of Journalists11. The Association of Norwegian Editors12. Norwegian Critics Association13. GRAFILL – Norwegian Organisation for Visual Communication14. The Association of Norwegian Visual Artists15. The Norwegian Association of Professional Photographers16. The Norwegian Association of Arts and Crafts17. The Norwegian Association of Fine Arts Photographers18. The Norwegian Publishers’ Association19. The Norwegian Music Publishers’ Association20. Norwegian Media Business Association21. The Norwegian Specialised Press Association22. Norwegian Association of the Periodical PressKOPINOR Organisational Structure: Council of Representative;Executive Board;Executive Boards Working Committee;Distribution Committee;Nominating Committee;Arbitration Tribunal; andInternational Affairs Committee.4.1.1. ESTABLISHING A RIGHTS PORTFOLIOAccording to KOPINOR, one of three options can be followed:1. Option 1: Written power of attorneys from the individual authors to its rights holders' organisations or directly to theReproductive Rights Organisation;2. Option 2: Mandate through the statutes of the organisations and membership. KOPINOR is mandated by memberorganisations and their members via the bye-laws and through representation in decision-making bodies; and3. Option 3: Mandate by foreign rights holders via bilateral agreements with foreign RROs.4.1.2. KOPINOR OPERATIONAll relevant categories of rights holders, authors and publishers to text, visual material and printed music are representedKOPINOR encourages building and involvement of strong and representative rights holder organisations.Cooperation and consensus-building is the guiding principle of engagement. IFFRA has model contracts for bilateralagreements.- 143 -
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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
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11.4.6. The details of ICASA’s ta
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RecommendationsTimelines for Recomm
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enterprises. There was a suggestion
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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 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
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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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