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

2.3 SUBMISSION BY THE DEPARTMENT OF ARTS AND CULTURE2.3.1. In its submission to the CRC, the DAC indicated that it was co-operating with relevant departments, the privatesector, trade unions and civil society to implement the MITT recommendations. Further, the DAC indicated thatit had been working with the dti and the Companies and Intellectual Property Registration Office (CIPRO) andthat the relationship had led to the amendment of the copyright legislation in 2002 as well as the creation of newcollecting societies for needletime (submission to the CRC by the DAC, August 2011). This indicates that eitherlittle has happened in terms of the implementation of the CIGS and MITT since 2002, or the relevantdepartments have not co-operated to assess the work that has been done. It would, however, have assisted theCRC a great deal if the DAC had provided a full progress report on the implementation of the recommendations,or lack thereof, to avoid a situation, real or perceived, where commissions of enquiry lead to furthercommissions of enquiry and a lack of action.2.3.2. It can be assumed that the appointment of the CRC was the implementation of one of the MITTrecommendations. A number of MITT recommendations overlap with the terms of reference of the CRC andthese recommendations need to be effected to enhance the effectiveness of collective management of copyrightand related rights. Collective copyright management in itself cannot enhance sustainable livelihoods of copyrightowners without the broader economic and developmental context of the music industry being addressed. In thisregard, Brazil stands out as a prime example of an emerging market with a successful music industry, both interms of global and domestic impact (see benchmarking report on Brazil in Appendix 2).3 HISTORY OF COPYRIGHT AND NEEDLETIME LEGISLATION3.1 HISTORY OF COPYRIGHT LEGISLATION3.1.1. The law of copyright grants the creators of original works (such as literary, musical and artistic works,cinematograph films, sound recordings and published editions) exclusive rights to control and exploit theseworks commercially. When a work is protected by copyright, such acts as the reproduction, distribution orcommunication of the work to the public may not take place without the consent of the creator of the work or theperson to whom the creator’s rights have been assigned. In some cases, however, the acts concerned may beperformed without the consent of the owner of the copyright, but subject to certain conditions, including thepayment of royalties, the amount of which has been agreed to by the owner or his representative or determinedin terms of a statute or by a court. In such a case, one speaks of a statutory or compulsory licence.3.1.2. The primary purpose of copyright law was stated by the Franki Committee (the Copyright Law Committeeappointed in Australia in 1974) to be:To give to the author of a creative work his just reward for the benefit he has bestowed on the community and also toencourage the making of further creative works. On the other hand ... as copyright is in the nature of a monopoly the lawshould ensure, as far as possible, that the rights conferred are not abused and that study, research and education are notunduly hampered. (para. 1.05.9, Davidson, Menotti and Wiseman Australian Intellectual Property Law (2008) p183.)- 12 -