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

More documents

Recommendations

Info

APPENDIX 4A: EXTRACTS FROM COPYRIGHT ACT OF 1978 (AMENDED)COPYRIGHT ACTNO. 98 OF 1978DEFINITIONS“cinematograph film” means any fixation or storage by any means whatsoever on film or any other material of data,signals or a sequence of images capable, when used in conjunction with any other mechanical, electronic or otherdevice, of being seen as a moving picture and of reproduction, and includes the sounds embodied in a sound-trackassociated with the film, but shall not include a computer program; [Definition of “cinematograph film” substituted by s. 1 (f ) of Act No. 125 of 1992 and by s. 50 (c) of Act No. 38 of 1997.]“collecting society” means a collecting society established under this Act; [Definition of “collecting society” inserted bys. 1 (a) of Act 9 of 2002.]“performance” includes any mode of visual or acoustic presentation of a work, including any such presentation by theoperation of a loudspeaker, a radio, television or diffusion receiver or by the exhibition of a cinematograph film or by theuse of a record or by any other means, and in relation to lectures, speeches and sermons, includes delivery thereof; andreferences to “perform” in relation to a work shall be construed accordingly: Provided that “performance” shall notinclude broadcasting or rebroadcasting or Transmitting a work in a diffusion service; [Definition of “performance”substituted by s. 1 (r) of Act No. 125 of 1992.]“Published edition” means the first print by whatever process of a particular Typographical arrangement of a literary ormusical work; [Definition of “published edition” inserted by s. 1 (c) of Act No. 52 of 1984.]“sound recording” means any fixation or storage of sounds, or data or signals representing sounds, capable of beingreproduced, but does not include a sound-track associated with a cinematograph film; [Definition of “sound recording”substituted by s. 1 (v) of Act No. 125 of 1992 and by s. 50 (h) of Act No. 38 of 1997.]CHAPTER 1COPYRIGHT IN ORIGINAL WORKS2. Works eligible for copyright.(1) Subject to the provisions of this Act, the following works, if they are original, shall be eligible for copyright:(a) literary works;(b) musical works;(c) artistic works;- 180 -
(d)(e)(f)(g)(h)(i)cinematograph films;[Para. (d) substituted by s. 2 (a) of Act No. 125 of 1992.]sound recordings;broadcasts;[Para. (h) added by s. 2 of Act No. 52 of 1984.]programme-carrying signals;published editions;computer programs.[Para. (i) added by s. 2 (b) of Act No. 125 of 1992.][Sub-s. (1) amended by s. 2 (a) of Act No. 56 of 1980]6. Nature of copyright in literary or musical works.Copyright in a literary or musical work vests the exclusive right to do or to authorize the doing of any of the following actsin the Republic:(a)(b)(c)(d)(e)(f)(g)Reproducing the work in any manner or form;publishing the work if it was hitherto unpublished;[Para. (b) substituted by s.6 of Act No. 125 of 1992.]performing the work in public;broadcasting the work;causing the work to be transmitted in a diffusion service, unless such service transmits a lawful broadcast, includingthe work, and is operated by the original broadcaster;[Para. (e) substituted by s.3 (b) of Act No. 56 of 1980.]making an adaptation of the work;doing, in relation to an adaptation of the work, any of the acts specified in relation to the work in paragraphs (a) to(e) inclusive.[S.6 amended by s.3 (a) of Act No. 56 of 1980.]8. Nature of copyright in cinematograph films.(1) Copyright in a cinematograph film vests the exclusive right to do or to authorize the doing of any of the followingacts in the Republic:(a) Reproducing the film in any manner or form, including making a still photograph therefrom;[Para.(a) substituted by s.8 (a) of Act No. 125 of 1992.](b) causing the film, in so far as it consists of images, to be seen in public, or, in so far as it consists of sounds, tobe heard in public;(c) broadcasting the film;(d) causing the film to be transmitted in a diffusion service, unless such service transmits a lawful televisionbroadcast, including the film, and is operated by the original broadcaster;[Para.(d) substituted by s.5 (b) of Act No. 56 of 1980.](e)making an adaptation of the film;- 181 -
Page 2 and 3:
TABLE OF CONTENTSLIST OF ABBREVIATI
Page 4 and 5:
11.8 RECOMMENDATIONS ..............
Page 6 and 7:
LIST OF TABLESTable 1: Cases of Non
Page 8 and 9:
NORMOSPsPOSAPPLPPL (India)ProLitter
Page 10 and 11:
These problems are addressed in the
Page 12 and 13:
xxi.The report considers developmen
Page 14 and 15:
1.3.8. Determine whether all money
Page 16 and 17:
1.4.9. The CRC derived considerable
Page 18 and 19:
2.3 SUBMISSION BY THE DEPARTMENT OF
Page 20 and 21:
Aspects of Intellectual Property Ri
Page 22 and 23:
(1) Subject to the provisions of th
Page 24 and 25:
Copyright Tribunal or an arbitrator
Page 26 and 27:
society, the South African Recordin
Page 28 and 29:
3.2.14. With the liquidation of SAR
Page 30 and 31:
the final rate or rates to be appli
Page 32 and 33:
(a)that payment is to be made to th
Page 34 and 35:
information as to their use to enab
Page 36 and 37:
The WCT and WPPT oblige members to
Page 38 and 39:
Once the handset technology changed
Page 40 and 41:
4.3.16. In 2009, in what was coined
Page 42 and 43:
4.4.6. In exchange for the above li
Page 44 and 45:
operators are licensed by NORM to p
Page 46 and 47:
5.2 FUNCTIONING OF COLLECTING SOCIE
Page 48 and 49:
the grant of licences. Article 17 o
Page 50 and 51:
6.1.3. The CRC’s assessment of th
Page 52 and 53:
6.3.3. SAMPRA should be given one y
Page 54 and 55:
Corporate Governance GapsKing II Re
Page 56 and 57:
King IIIPrincipleKing IIIRequiremen
Page 58 and 59:
King IIIPrincipleKing IIIRequiremen
Page 60 and 61:
8 COLLECTION OF MUSIC ROYALTIES8.1
Page 62 and 63:
8.1.4.2. Needletime royalties are n
Page 64 and 65:
8.1.7.4. For the past five years, V
Page 66 and 67:
PRS (UK)SPRE (FRANCE)SUISA(SWITZERL
Page 68 and 69:
DetailsPerformance RightsSound Reco
Page 70 and 71:
8.2.7 Comparative Study Performed b
Page 72 and 73:
y a collecting society. A rights ho
Page 74 and 75:
agency, its rights being derived fr
Page 76 and 77:
Mr Robinson said DALRO assumed the
Page 78 and 79:
10.1.6. The distribution to publish
Page 80 and 81:
10.4.4. Most of the other collectin
Page 82 and 83:
10.6.3.4. South African English-lis
Page 84 and 85:
10.10 CONTRACTUAL RELATIONSHIPS BET
Page 86 and 87:
10.12.2. The Regulations should rec
Page 88 and 89:
licence that the licensee comply wi
Page 90 and 91:
11.4.6. The details of ICASA’s ta
Page 92 and 93:
RecommendationsTimelines for Recomm
Page 94 and 95:
enterprises. There was a suggestion
Page 96 and 97:
Copyright as it relates to copyrigh
Page 98 and 99:
13.4 DEPARTMENT OF ARTS AND CULTURE
Page 100 and 101:
Table 28: Comparative Study’s Key
Page 102 and 103:
KEY ITEMS BRAZIL FRANCE INDIA NORWA
Page 104 and 105:
KEY ITEMS BRAZIL FRANCE INDIA NORWA
Page 106 and 107:
about 30%, which is the highest amo
Page 108 and 109:
15.1.3. The Copyright Tribunal’s
Page 110 and 111:
15.1.20. Local music content requir
Page 112 and 113:
for the selected artists. The outco
Page 114 and 115:
King III Report by Institute of Dir
Page 116 and 117:
Paranagua Pedro, “Strategies to I
Page 118 and 119:
Copyright Amendment Act of 1984Copy
Page 120 and 121:
APPENDIX 1(B): SUMMARY OF ORAL REPR
Page 122 and 123:
Due to the fact that the existing c
Page 124 and 125:
Mr BrottelProtection of copyright m
Page 126 and 127:
1.1.3. LIST OF ENTITIES VISITED AND
Page 128 and 129:
In the 2009 Annual Report of ABRAMU
Page 130 and 131:
The implementation of this law led
Page 132 and 133:
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 184 and 185: The MITT further recommends that DA
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
Page 198 and 199: - 192 -
Page 200 and 201: - 194 -
Page 202 and 203: - 196 -
Page 204 and 205: - 198 -
Page 206 and 207: ANNEXURE 5: COPY OF SARRAL’S CONT
Page 208 and 209: - 202 -
Page 210 and 211: ANNEXURE 6: SARRAL’S AUDIT REPORT
Page 212 and 213: - 206 -
Page 214 and 215: TERMS OF REFERENCESNO’SREQUIREMEN
Page 224: - 218 -
show all

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

Create successful ePaper yourself

Delete template?

Save as template?