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

3.1.3 IMPLEMENTATION AND ACCESSION TO THE WORLD INTELLECTUAL PROPERTYORGANISATION (WIPO) TREATIESRECOMMENDATION 3:South Africa should implement and accede to the World Copyright Treaty (WCT) and the World Performance andPhonograms Treaty (WPPT) without delay in the interests of protecting South African content in the digital environmentand bringing South African copyright legislation in line with international trends.3.1.4 BROADENING THE DEFINITION OF “PERFORMER”The definition of “performer” in the Performers’ Protection Act (Act No.11 of 1967)excludes performances that are notperformances of literary or artistic works. As a result, various other types of “un-scripted” performances, which make useof folklore, oral tradition and other forms of indigenous culture, are excluded.RECOMMENDATION 4:The definition of “performer” in the Performers’ Protection Act should be amended to include artists who perform works offolklore. The revised definition should include not only performances in the recognised performing arts disciplines, butalso the wealth of indigenous performance. The definition in the WPPT is a useful guide.3.2. PIRACYThe revenue lost by the industry due to piracy is estimated at R1 billion per year. Tax revenue lost amounts to R140million per year. 8 Piracy in South Africa harms the development of local music, the primary target of the pirates.International research shows that the most effective method of combating piracy is a banderole system. .The methodology of the banderole system is to mark legitimate product with a label that is impossible to forge. Thisassists the consumers and the criminal justice system to identify legitimate product and provides the necessary proof ofcounterfeits, something that is difficult to do at present. Integral to the efficacy of the banderole system, and thus tocombating piracy, is effective law enforcement.RECOMMENDATION 5:The MITT unanimously agrees that the implementation of the banderole system to combat piracy is critical to the growthof South African music, and to the combating of a widespread illegal activity in the country. The Minister is asked tosolicit the co-operation of his colleagues responsible for amending the relevant copyright legislation and for lawenforcement in this regard.ASAMI has undertaken to: Finance the costs of implementing the application of the banderole to the product; and Ensure that the introduction of the banderole will not increase the transfer price of products.8 6. Refer to Annexures A and B for an extract from the ASAMI submissions indicating the impact of piracy on the recording industry andhow it affects the revenue of artists- 170 -