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

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Ballet teachers; Teachers in the fields of drama and theatre; Employees in the fields of visual arts; Higher education staffers; Musicians, singers and dancers, members of theatre orchestras; Church organists; Stage managers; Administrative staff in the field of music and culture; University students; and Choir conductors.The union was formed to get a better professional life and better working conditions for the musicians and to advance theircareers. It works through collective agreements with employers. It also advises those who are self-employed and acts aspartner with lawyers standing for musicians in disputes.The union does political work in the form of lobbying for proper legislation and the whole policy for musicians to do their workproperly. It works well with the Ministry of Culture.Its source of income is from members contributions. The union is a member of the 800 000 strong Norwegian Confederationof Trade Unions.It has 14 employees and grapples with current issues in the music sector such as: The role of the Internet; Keeping IPR at the centre of the legislative processes; Piracy; and The falling levels of consumption of recorded (CD) music.The union facilitates good working relations between collecting societies and producers. Its strong affiliate collecting societiesare: NORWACO, GRAMO, and TONO.The union is interested in helping other countries to build strong collecting societies.4.2.3. BENEFITSServices to its members include: Advice and support in tax and welfare; Help with application for financial support for recording CDs, tours, and projects; Help with other types of contracts such as recording, publishing and management contracts;- 146 -
Debt collections service – on behalf of its members where there are delayed payments due; and Various types of insurance policies.4.3. MEETING WITH NORWACO – 9 JUNE, 20114.3.1. BACKGROUNDNORWACO represents the members of 34 Norwegian rights holder organisations for authors, performing artists andproducers. It safeguards the interests of the rights holders in the form of collective administration.4.3.2. MEMBERSHIPThe member organisation represents 37 000 individual rights holders. Through their organisations, the right holders giveNORWACO mandates in areas where a united effect of several organisations is the best way to go.4.3.3. COLLECTIVE AGREEMENTSNORWACO has agreements and responsibility for the collection and distribution of remuneration funds in the following areas: TV distribution (retransmission of TV and radio channels); Recording of TV and radio channels for educational use and media monitoring; Video and satellite distribution of Norwegian feature films; and Individual distribution of the state-funded compensation for lawful private copying (not piracy).The agreements entered into by NORWACO are supplemented by extended collective licence provision in the NorwegianCopyright Act.Extended collective licences are used where it is impossible for users to enter into agreements with all rights holders, forexample with regard to the transmission of TV and radio channels.The rules relating to extended collective licences supplement the agreements between the users and the rights holderorganisations, and give the agreements between the users and the rights holders binding effect. This also applies to nonorganisedrights holders. NORWACO enters into exchange agreements with foreign rights holders. It enters into exchangeagreements with organisations in other countries to ensure that remuneration funds reach foreign rights holders.Distribution of remuneration usually takes place the year after NORWACO has collected the remuneration.4.4. MEETING WITH TONOTONO manages rights on behalf of Norwegian and foreign music publishers and enters into agreements concerning the rightto perform and record music and lyrics.- 147 -
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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
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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 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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