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

3.5.6 OMBUDSMANThe music industry suffers from a relatively high number of complaints and disputes. At present, largely because mostmusicians and related workers fall outside of the ambit of labour legislation and do not have access to legal recourse,adequate arbitration or resolution mechanisms do not exist.RECOMMENDATION 15:The MITT recommends the establishment of an Ombudsman for the music industry in order to resolve disputes in amanner that promotes self-regulation, entrenches minimum standards and ethical practice, and enforces a code ofconduct.The MITT further recommends that:Stakeholders in the music industry jointly fund the office of the Ombudsman;DACST drive this initiative;The Ombudsman pays special attention to allegations of racism and sexism in the industry;The Ombudsman pays special attention to the repeated allegations made at the regional hearings regarding fly-bynightproducers and “independent recording studios” that exploit inexperienced musicians by promising marketing,distribution and recording deals that never materialise and producing products of a poor quality.3.6 COLLECTION SOCIETIES3.6.1 CRISIS OF CREDIBILITYSouth Africa is in the fortunate position having three functioning collection societies, namely, SAMRO (South AfricanMusic Rights Organisation), SARRAL (South African Recording Rights Association Limited) and NORRM (NationalOrganisation of Reproduction Rights in Music). The hearings of the MITT, however, highlighted a perceived crisis ofcredibility among some constituencies in the industry of the collection societies. Linked to this is a widespread lack ofunderstanding among performers and composers about their rights, those of record companies, music publishers andcollection societies.RECOMMENDATION 16:The MITT recommends that the Minister commission further investigation into the collection societies regarding theiraccountability, credibility, transparency and efficiency.RECOMMENDATION 17:That the record companies, music publishers and collection societies either independently or jointly initiate nationalinformation drives to promote and improve awareness and a fundamental knowledge of their businesses as well as theircontracts and agreements.- 174 -