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

The environment in which the music industry operates is influenced by a number of government departments in additionto DACST:The Department of Trade and Industry (DTI) is responsible for the copyright legislation that governs the culturalindustries and for creating the conditions, including incentive packages and export support, that facilitate thegrowth of these industries.The Department of Labour (DoL) is responsible for the legislation regarding human resource development in thecultural industries, most notably the Sector Education and Training Authorities (SETAs), as well as for thelegislation that governs labour relations.The Department of Education (DoE) is responsible for the provision of in-school music education.The Department of Home Affairs is responsible for the issuing of work permits in the cultural industries.The Department of Communications (DoC), and the Independent Broadcasting Authority 4 (IBA) in particular, areresponsible for local content regulations that impact on the music industry.In addition to government, the well-being of the music industry is affected by the record companies, the collectingsocieties, the unions, relevent NGOs, the state of live music, and so on.The recommendations of the MITT are made to the Minister of Arts, Culture, Science and Technology (hereafter referedto as “the Minister”), but fall within the domain of all of the above-mentioned ministries and stakeholders. The MITTrecognises that the Minister therefore cannot directly implement all of its recommendations. He can play an importantrole in encouraging his colleagues and the stakeholders in the industry to cooperate in strategies that will enhance thedevelopment of South African music.Based on the written and oral submissions, the MITT identified the major problems in the music industry as follows: Inadequate and outdated copyright legislation, particularly with regard to needletime. Widespread piracy and copyright infringement that disables the growth of the local music industry. The ineffectiveness of the IBA's local content monitoring system and the low levels of local content in the media. The prevalence of unfair contracts - historic and current - leading to a polarised and hostile industrial relationsenvironment. A legacy of disempowerment and lack of access to education, training and information about the economics of theindustry among musicians and related workers, coupled with a lack of transparency and accountability of keyplayers within the industry. An imbalance in power relations in the industry that negatively impacts on its growth - in particular, the inadequatedefinition of musicians’ status as workers in labour legislation which undermines their access to legal protectionand other benefits. Widespread experience of ongoing racism and sexism within the industry. The isolation of aspirant musicians living outside of Gauteng. Inadequate funding for music development.3.RECOMMENDATIONS4 The Independent Broadacst Association IBA has now been joined with the South Afrcan Telecommunications Authority (SATRA) toform Independent Communications Authority of South Africa (ICASA)- 168 -