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

2.2 THE ESTABLISHMENT OF THE MUSIC INDUSTRY TASK TEAM (MITT)2.2.1. In 1995, the Standing Advisory Committee acted as a commission of enquiry in terms of the Copyright Act,solicited public opinion on the reintroduction of needletime and recommended accordingly. This processculminated in legislative amendments to the Copyright Act and the Performers’ Protection Act, introduced inParliament in 2002 (report from the dti to the CRC on Government Involvement in the Music Industry, 2011).2.2.2. The renewed attempt to provide for needletime royalties took place in the context of the newly electedgovernment, supported by the poor majority, and consensus among all stakeholders on the need to improve thestandard of living of performers who were entitled to a share (normally 50%) of needletime royalties. Thepoverty of musicians was evidenced by the recurring phenomenon of seemingly successful musicians dyingpoor (e.g. Simon ‘Mahlatini’ Nkabine). In 1998, this prompted the then Minister of Arts and Culture, Science andTechnology to establish the Music Industry Task Team (MITT) to investigate the problems of the industry.2.2.3. The MITT met during February and March 2000 and held five regional hearings, from May to June 2000, inPietersburg, Bloemfontein, Durban, Cape Town and Port Elizabeth, deliberating with and consulting a widespectrum of South Africans.2.2.4. The MITT was part of a wider initiative of the Cultural Industries Growth Strategy (CIGS), which recognised theglobal movement towards an information or knowledge economy, a decline in the job-creation potential of thetraditional sectors of the economy, and the potential of South Africa’s culture sector to contribute to growth(Music Industry Task Team Report). The CIGS and MITT policy documents were developed as part of themandate of the Department of Arts and Culture, Science and Technology to develop the music sector as acultural industry. CIGS advocated the development and promotion of the music sector as a tool for job- andwealth-creation. The MITT recommendations were aimed at the development of an effective and enablinglegislative framework, human resources, economic growth, and the development and promotion of the musicindustry.2.2.5. Based on submissions, the MITT identified the following problems in the industry: Inadequate and outdated copyright legislation, particularly with regard to needletime; Piracy and copyright infringement; Low levels of local content and lack of monitoring; Unfair contracts; Lack of access to education, training and information about the economics of the industry, and lack oftransparency and accountability of key players; Inadequate definition of musicians’ status as workers in labour legislation, undermining their access tolegal protection and benefits; Racism and sexism in the industry; Isolation of musicians living outside Gauteng; and Inadequate funding for music development.2.2.6. The MITT report made many valuable recommendations (see Appendix 3). Many of the problems mentioned inthat enquiry and addressed in the MITT recommendations are still prevalent in the music industry today andwere raised repeatedly by stakeholders during the public hearings held by the CRC.- 11 -