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

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4.1.3. LICENSING AND LEGAL REGIMESIn Central Europe, the practice is for any legal entity that owns a photocopying machine to pay a levy on the cost of thatmachine.Legal Licence can be done in a non-voluntary compulsory licensing system, such as the above. Voluntary licence withlegislative support can happen where extended collective licensing is the norm, such as in NORDIC countries. There must bea legal presumption.Voluntary licensing is based on sole mandate. Contracts with indemnity clauses are signed.4.1.4. EXTENDED COLLECTIVE LICENCEKOPINOR negotiates licences equally for members and non-members.The Nordic solution for extended collective licensing is:If an organization has been mandated by a substantial part of authors in the field to license, it must cover also non-members. Treatmembers and non-members equally.In the case of Norway, the collecting organisation must be approved by the Ministry of Culture.KOPINOR has licensing agreements with; Education: primary and secondary schools, universities and colleges; and Public Administration: municipalities and countries, state departments: The Norwegian Church; Private Business and Industry ; The Norwegian Band Federation; and The National Library.4.1.5. LICENCESLicences are issued for: All published material, including Internet; Blanket licensing, which is not title specific; Photocopying, printouts, scanning and storage; Downloading from Internet or the sources; and Use in Learning Management System, such as virtual learning environments, interactive white breads, projection, etc.- 144 -
4.1.6. SCOPE15 % or one chapter of a book;Two articles from one scientific journal;No limitations on periodicals;No limitations on websites; andStrict limitations for sheet music.4.1.7. COLLECTION ESTIMATEThis is done through statistical surveys from a sample of users4.1.8. DEVELOPMENT ACTIVITIESWhen foreign works are copied, it is sometimes impossible to identify their country of origin. The remuneration claimed isdeposited with KOPINOR’S Development Fund. From 2008, some of the funds were transferred to NORCODE (TheNorwegian Copyright Development Association).KOPINOR does statutory licences on title-specific examination as well as the licensing of audio books for visually impairedpeople. It also does clearance services, which go beyond the blanket licensing limitations:1. Purely voluntary;2. Work through a reporting system; and3. Most money collected goes to Britain.4.2. MEETING WITH THE NORWEGIAN MUSICIANS’ UNION (MFO) ON 7 JUNE 20114.2.1. HISTORYThe Norwegian Musicians’ Union came about as a result of the merger of three unions in 2001. These included: The Norwegian Church Musicians’ Union (established in 1906); The Norwegian Musicians’ Union (established in 1911); and The Norwegian National Opera and Ballet.4.2.2. MEMBERSHIPThe union currently has 7 000 members drawn mainly from: Performing musicians or artists working in the fields of culture; Music producers; Music educators (self-employed); Heads of music schools; Music therapists;- 145 -
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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
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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 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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