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The MITT further recommends that DACST develop guidelines for the employment of musicians by government. Theguidelines should include criteria for the selection of artists, including how artists from across the country can be givenexposure; and what constitutes appropriate remuneration, particularly where artists are taken abroad to perform. DACSTshould consult the NAC and MUSA in this regard.3.13 CONCENTRATION OF THE MUSIC INDUSTRY IN GAUTENGOne of the major themes of the provincial hearings was the concentration of the music industry in Gauteng and theconcommitant lack of access to the industry by aspiring musicians resident in other parts of the country. The MITT is ofthe opinion that it is desirable to foster live and recorded music in all of South Africa’s regions. However, the MITT isaware that the conglomoration of the music industry in South Africa is in keeping with international trends and tends toaid the growth and competetiveness of a national music industry.RECOMMENDATION 33:DACST explore the possibility of creating recording infrastructure in areas outside of Gauteng as part of its CulturalIndustries Growth Strategy (CIGS).RECOMMENDATION 34:The NAC actively solicit proposals for music development outside of Gauteng in particular and the major cities in general.RECOMMENDATION 35:DACST discuss with SABC Radio the possibility of the SABC playing a more active role in recording and broadcastingmusic in the various provinces.3.14 LIVE MUSICThe hearings of the MITT highlighted musicians’ concern about the state of live music in South Africa. Some the issuesrepeatedly raised include the importance of live music to the development of local music; the exploitation of artists in liveperformances; the lack of support for entrepreneurs who establish live music venues; the tendency of promoters todisregard “local” artists in favour of Gauteng-based artists. Live music, especially where it is accessible to the youth, isseen as the basis for building the future musicians and audiences necessary for the growth of the music industry.RECOMMENDATION 36:That those implementing this report are made aware that many of the central recommendations of this report areapplicable to live music. These include:Recommendation 10: Status of musiciansRecommendation 11: Work permits: reciprocityRecommendations 12 & 13: ContractsRecommendation 14: Social security- 178 -
Recommendation 15: OmbudsmanRecommendations 19, 20 & 21 : Sponsorship and fundingRecommendations 22 & 23 : IncentivesRecommendations 24, 25, 26 & 27: HRD and educationRecommendations 31 & 32: Recognition of the contribution of musiciansRecommendations 34 & 35: Concentration of musicians in GautengRECOMMENDATION 37:That DACST explore partnerships with local and provincial government and the private sector to link music venues tourban regeneration programmes and tourism initiatives.- 179 -
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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
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1.1.3. LIST OF ENTITIES VISITED AND
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In the 2009 Annual Report of ABRAMU
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The implementation of this law led
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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 176 and 177: 3.1.3 IMPLEMENTATION AND ACCESSION
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 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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