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

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It was founded in 1928 by the Norwegian Composers’ Union.4.5. MEETING WITH GRAMO4.5.1. GRAMOGRAMO is the Norwegian joint collecting society for performing artists and producers. The main objective is to negotiate,collect, administer and distribute remuneration to performers and producers when their recordings are used for broadcast orpublic performance. Martin Grondahl is the Managing Director. In 2010, Gramo had 26 employees, a total of 11 195performers and 2 720 producer members.4.5.2. COLLECTION OF REMUNERATION FOR BROADCASTING AND PUBLIC PERFORMANCESection 45b of the Norwegian Copyright Act establishes a right of performers and producers to remuneration when theirrecordings are used for broadcasting (from 1990); and for public performance (i.e. music in shops, restaurants, cafes andhotels etc.) from 2001.Broadcasting and dubbing revenues combined remained GRAMO’s largest source of income. Public performance licensinggrew by 12,45% to a total of NOK50,5 million in 2010, reflecting an increase of music users. The main administrative taskhas been to conclude more new agreements and collect more remuneration from businesses that play recorded music.4.5.3. COLLECTION OF A LEVY FOR THE FOUNDATION FOR PERFORMING ARTISTS (FOND FORUTOVENDE KUNSTERE)A levy for the foundation for performing artists has been established under Norwegian law for the broadcasting and publicperformance of non-protected repertoire. The levy has come into force both for broadcasting and public performance.GRAMO collects the levy on behalf of the foundation. The total amount collected in 2010 on behalf of the Foundation forPerforming Artists was NOK40,1 million.4.5.4. DISTRIBUTION OF REMUNERATIONIn 2010, GRAMO distributed the main remuneration from broadcasting and public performance for 2009. Gramo distributed atotal of NOK98,9 million in the main settlement for 2009.4.5.5. SUMMARYKOPINOR takes responsibility for the collective management and distribution of reproductive rights. It enters into agreementswith schools, universities, government and other users of reproductive materials.TONO has exclusive rights for composers and lyricists in relation to the performance of their entire works at public spacessuch as hotels, shops etc.- 148 -
GRAMO manages rights in relation to neighbouring rights as far as performing artists are concerned. It collects fromrestaurants, bars and night clubs on behalf of performing artists, not composers.NORWACO collects and manages from cable owners.5. SENEGALMeetings were held with the following parties: Association of Phonographic Producers; Association of Senegalese Comedians; Association of Senegalese Writers; Association of Musicians in Senegal; and Bureau Senegalais Du Droit D’ Auteur (BSDA), a collecting society controlled by the government.BSDA is responsible for the collection and distribution of all forms of royalties in Senegal. It is administered by the Board ofDirectors consisting of a Chairperson, two representatives of the composers and two writers.It issues blanket licences covering the complete repertoire of Senegal and the rights of foreign owners.Senegal has drafted amendments to the existing Copyright Act and these have been forwarded to the government forlegislation.Senegal has ratified international treaties, which have not yet been implemented within the country.There is a lack of transparency with regard to the computation of royalties distributable.Most of the agreements between the sound producers and artists allow for the sale of all rights upfront by the artists to thesound producers.There are no big international sound producers in the country.Sound recordings known as neighbouring rights are recognised and the law requires a 50/50 split between the recordingentities and performers.6. SWITZERLAND6.1. INTRODUCTIONA benchmark study was conducted of the collective management of copyright in Switzerland. A range of stakeholders wereconsulted, including: SUISA, SWISSIMAGE and a representative of the IIP. SWISSPERFORM was not able to consult inperson but filled in a questionnaire.- 149 -
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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
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KEY ITEMS BRAZIL FRANCE INDIA NORWA
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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 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
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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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