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

In this regard, the Minister should note that the following assistance is offered: In the absence of systematic monitoring by the IBA, SAMRO will attempt to provide some information to indicatetrends of local content usage by broadcasters. The organisations comprising the MITT, notably SAMRO, MUSA and ASAMI, are willing to assist the IBA inresearching the appropriate monitoring system for South Africa. In the interim, the MITT suggests that the IBAconsider adopting the monitoring system outlined by ASAMI.3.4.2 LEVEL OF QUOTA FOR LOCAL MUSIC CONTENTRECOMMENDATION 9:The MITT is of the view that the present local content quota of 20% is too low and recommends a quota of at least 50%.3.5 STATUS OF MUSICIANSMusicians and related workers are disadvantaged by the lack of clarity regarding their status in labour legislation. Atpresent, they fall outside of the legal ambit of a range of rights, protections and benefits.RECOMMENDATION 10:Legal advice should be commissioned to find the most advantageous definition for the status of the musician in thisindustry 12 .3.5.1 WORK PERMITS: RECIPROCITYInternationally cultural goods and services are considered exceptions in the trade environment given their dual characterof commodity on the one hand, and embodiment of culture, identity and values on the other.Common international practice with regard to the issuing of work permits in the cultural industries therefore tendstowards a system of reciprocity. The MITT notes that the dominant sentiment in the South African industry concurs withthis trend.The MITT appreciates, however, that the government’s trade and industrial policy is anti-protectionist, and that theMinister operates within this policy environment.RECOMMENDATION 11:In this context, the MITT recommends that the Minister explore the viability of a policy of reciprocity 13 with regard theissuing of work permits to non-South Africans. DACST should consult ASAMI and MUSA with regard to the details of asystem of reciprocity. DACST should take special note of the written submission of the South African RoadiesAssociation (SARA) in this regard.12 Sony volunteers to pay the expenses of this research.13 Broadly speaking, reciprocity refers to a system in which South Africa would determine the number of permits it grants to nationals ofanother country on the basis of how many permits that country grants to South Africa.- 172 -