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

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1.PREAMBLEThe Music Industry Task Team (MITT) was appointed by Dr Ben Ngubane, the Minister of Arts, Culture, Science andTechnology, in response to an expression of problems within the music industry by musicians and their representativeorganisations.The MITT comprised the following people: 11. Carol Steinberg – Advisor to the Minister (Chair)2. Professor Komla Amoaku - Ghana National Theatre3. Jan Lothe Eriksen – General Secretary, Norwegian Traditional Music and Dance Association4. Keith Lister – President, ASAMI (Association of South African Music Industry)5. Sipho Mabuse, Professional Musician and composer, Owner of, a live music venue6. Motsumi Makhene –President, MUSA (Musicians Union of South Africa)7. Rob Hooijer –Managing Director, SAMRO (South African Music Rights Organisation)8. McDonald Netshitenzhe –Registrar of Patents and Copyright, DTI (Department of Trade and Industry)9. Doreen Nteta – CEO, NAC (National Arts Council)10. Lazarus Serobe - Sony Music11. Bradley Silver – Weber, Wentzel & Bowens12. Themba Wakashe – Chief Director of Culture, DACST (Department of Arts, Culture, Science and Technology)The terms of reference of the MITT were as follows:To recommend to the Minister strategies to address the problems facing the South African music industry:Recommendations are based on the oral and written submissions both national and provincial – andthe experiences of MITT members.Recommendations can be made regarding the interventions of all role-players - government, industry,unions, publishers, etc.To indicate priorities regarding the recommendations.Areas of investigation included the following:The adequacy of the legislative framework governing the industry;Contracts – comparison to international best practice and the education of musicians regarding their rights;Human resource development – coordination of existing efforts;Piracy – possible solutions;Distribution and marketing – profile of South African Music, e-commerce and establishing an export council;Wholesaling and retailing – concentration of ownership;Local content – quota level and monitoring;Music publishing – access, control, and copyright;1 NORRM (National Organisation of Recording Rights in Music) representing music publishers were also included on the panel, but therepresentative withdrew due to health reasons.- 166 -
Work permits;Royalty collection – transparency;Historical injustices – redress;Recognition of our musical legacy;Allegations of racism; andRecording – access to facilities, setting up of infrastructure and profit and not-for-profit partnerships.The MITT met from 28 February to 3 March 2000 at the Johannesburg International Holiday Inn. Two days werededicated to public hearings. Individuals and industry organisations from across the country made oral and writtensubmissions to the MITT. The remaining three days were dedicated to the deliberations of the MITT. 2In addition, the MITT held five regional hearings in Pietersburg, Bloemfontein, Durban, Cape Town and Port Elizabethfrom 8 May to 2 June 2000 in order to ensure that a wide spectrum of South Africans were able to make submissions.The outcomes of these hearings have been incorporated into the report.2.INTRODUCTIONMusic is a fast-growing industry with limitless potential. As one of South Africa’s most significant cultural industries, themusic industry is a powerful means of enhancing the country’s identity and distinctiveness, while simultaneously creatingemployment, developing human skills and generating social capital and cohesion.The music industry, however, like any South African industry, is infused with the legacy of apartheid's political economy.As a cultural industry, the music industry suffered additional setbacks because indigenous culture was activelysuppressed and distorted by the apartheid regime. One of the most devastating aspects of this legacy is that local musicis not developing as fast as it should. Eighty per cent of the music sold in South Africa is international. Whileinternational music is thriving in the South African market, the development of local music is not keeping pace. 3Likewise, live music venues and productions are not thriving in South Africa.The MITT attempts to recommend strategies whereby both the cultural and economic potential of music can be realisedwithin this context.The MITT is part of a wider initiative of the Cultural Industries Growth Strategy (CIGS). The starting point of CIGS is arecognition of the global movement towards an information or knowledge economy. This change has seen a world-widedecline in the job-creating potential of the traditional sectors of the economy - both the primary industries andmanufacturing - and the growth of “value-added” jobs. These “value-added” jobs are created in sectors like advertising,finance, consulting, media, tourism, fashion design, and a range of activities, traditionally classified under “services”.South Africa is fortunate enough to have a strong cultural sector, rich in potential and emerging talent to feed and sustainits further growth. The MITT’s recommendations attempt to harness this extaordinary talent and originality in the SouthAfrican music industry.2 The MITT process and subsequent call for submissions was advertised extensively through the print media, electronic media and viathe internet..3 ASAMI figures (Annexure A), illustrate the decline in local music sales.- 167 -
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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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KEY ITEMS BRAZIL FRANCE INDIA NORWA
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about 30%, which is the highest amo
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15.1.3. The Copyright Tribunal’s
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15.1.20. Local music content requir
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for the selected artists. The outco
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King III Report by Institute of Dir
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Paranagua Pedro, “Strategies to I
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Copyright Amendment Act of 1984Copy
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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 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 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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Page 206 and 207: ANNEXURE 5: COPY OF SARRAL’S CONT
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Page 210 and 211: ANNEXURE 6: SARRAL’S AUDIT REPORT
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Page 214 and 215: TERMS OF REFERENCESNO’SREQUIREMEN
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TERMS OF REFERENCESNO’SREQUIREMEN
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