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

3.5.2 CONTRACTS & DEEDS OF ASSIGNMENTThis section refers to all contracts in the music industry but is especially concerned with two types of contracts: the agreement between the recording artist and the record company (artist’s contract); and the agreement between the song writer and music publisher (the deed of assignment).There is a widespread perception in the industry that the contracts in use disadvantage the artist.3.5.3 MINIMUM STANDARDS FOR CONTRACTSRECOMMENDATION 12:The MITT recommends that ASAMI and MUSA develop minimum standards for contracts. It is further recommendedthat the possibility of enforcing the use of these minimum standards be investigated, with the assistance of DACST.3.5.4 RENEGOTIATING OF CONTRACTSThere is general recognition in the industry that many of the contracts between record companies and artists andbetween music publishers and artists signed in earlier decades were unfair to the artists concerned. This is attributed tothe inequitable industrial relations environment of the past. As a result, certain artists are still bound by unfairagreements that were negotiated many years ago, a major cause of the acrimony, mistrust and polarisation that plaguesthe industry today.RECOMMENDATION 13:The MITT recommends that where artists consider contracts to be unfair, record companies and music publishers shouldrenegotiate these contracts with artists in good faith, in line with contemporary industrial relations.The MITT further recommends that: If necessary, the Minister brings the influence of his office to bear on record companies in this regard. The cut off point for contracts open to renegotiations in this regard is contracts concluded before 1994. This process does not prejudice artists taking whatever action they see fit regarding contracts signed after 1994.3.5.5 SOCIAL SECURITYAs freelance workers, the majority of musicians and related workers do not have access to rudimentary social security.RECOMMENDATION 14:The MITT recommends that DACST work with relevant insurance institutions to pursue the best mechanisms to fund andadminister social security within the entertainment industry, in collaboration with MUSA and ASAMI. 1414 Recommendation 6 suggested that part of the blank tape levy be used to fund this social security for musicians- 173 -