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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 -
3.3 BLANK TAPE LEVYIt is estimated that at least 90% of tapes bought in SA are used for illegal purposes. Value-added Tax (VAT) lost throughblank cassette piracy is conservatively estimated at R42 million per annum. Blank tape levies are imposed in manycountries throughout the world and often prove to be crucial to growth of music industries.RECOMMENDATION 6:The MITT recommends the implementation of a blank tape levy. The first use of this levy is for law enforcement withregard to piracy 9 . The remaining revenue could be dedicated to kick-starting a social security fund for artists in the musicindustry 10 .RECOMMENDATION 7:It is critical for the South African music industry to keep in touch with trends in the international trade environment. Thedevelopment of the new technologies brings new challenges for combating piracy.The MITT therefore recommends that DACST, DTI, MUSA, SAMRO & ASAMI research the issue of piracy in the digitalmedia, making use of international best practice. 113.4 LOCAL CONTENT3.4.1 COMPLIANCE AND MONITORINGThe public broadcaster is a primary custodian of South African culture. Other broadcasters also have a profound impacton the well being of local culture. Broadcasters thus have a responsibility to mirror the broad range of national and localartistic expressions. International trends indicate that exposure to local music creates a demand for local musicproducts among consumers.The IBA has the constitutional responsibility to enforce and monitor local content. There is, however, a widespreadperception that the IBA is not executing these duties adequately. As a result, many broadcasters are not adhering to thelocal content quota. The impact of this non-compliance on both the economics of the local music industry and on thedevelopment of South African culture is severe.RECOMMENDATION 8:The Minister should meet with the Chairperson of the IBA in an attempt to ensure that the IBA monitor and enforce localcontent quotas.9 The adoption of a blank tape levy is not a prerequisite for the implementation of the banderole system. Piracy is an illegal activity andthe government is therefore responsible for funding law enforcement to prevent it. The blank tape levy is a suggested additional sourceof revenue.10 See Recommendation 14.11 SAMRO has volunteered to convene this research group.- 171 -
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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
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Due to the fact that the existing c
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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 172 and 173: 1.PREAMBLEThe Music Industry Task T
Page 174 and 175: The environment in which the music
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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