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

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PERFORMERS’ PROTECTION ACTNO. 11 OF 1967Interpretation of terms1. (1) In this Act, unless the context otherwise indicates:‘literary and artistic works’ includes musical, dramatic and dramatico-musical works and expressions offolklore;[Definition of ‘literary and artistic works’ amended by s.1(b) of Act no. 8 of 2002.]‘phonogram’ means any exclusively aural fixation of sounds of a performance or of other sounds;Relation to copyright protection2. The rights created by this Act shall in no way restrict or affect the rights provided for by any other law relating tocopyright in literary and artistic works.Protection of performers’ rights in respect of performances in the Republic3. Performers shall be granted the protection provided for in section 5 of this Act in respect of their performances:(a) taking place,(b) broadcast without a fixation, or(c) first fixed,in the Republic.Extension of protection of performers’ rights to performances in certain countries4. The protection granted to performers by this Act shall be extended automatically in respect of performances:(a) taking place;(b) broadcast without a fixation; or(c) first fixed,in a country which is a member of the World Trade Organisation: Provided that the right conferred onperformers in section 5(1)(b) shall, in the case of performances in the Republic, but emanating from a countrywhich is a member of the World Trade Organisation, only be granted to them to the extent that performancesemanating from the Republic enjoy corresponding protection in that country, and such performances of foreignorigin shall not enjoy any wider protection in the Republic than is enjoyed in that country by performancesemanating from the Republic.[S.4 substituted by s.20 of Act no. 38 of 1997 and by S.4 substituted by s.2 of Act no. 8 of 2002.]- 188 -
Restrictions on use of performances5.(1) Subject to the provisions of this Act, no person shall-(a)without the consent of the performer-(i)broadcast or communicate to the public an unfixed performance of suchperformer, unless the performance used in the broadcast or the publiccommunication is itself already a broadcast performance; or(ii)make a fixation of the unfixed performance of such performer; or(iii)make a reproduction of a fixation of a performance of such performer-(aa)if the original fixation, other than a fixation excluded by section 8 from the necessity forobtaining the consent of the performer, was itself made without his or her consent; or(bb)if the reproduction is made for purposes other than those in respect of which such performergave his or her consent to the making of the original fixation or of a reproduction thereof; or(cc)if the original fixation was made in accordance with the provisions ofsection 8, and the reproduction is made for purposes not covered by those provisions; or(b)by means of a fixation of a performance published for commercial purposes, without payment of a royaltyto the performer concerned-(i) broadcast the performance;(ii) cause the performance to be transmitted in a diffusion service defined in section 1 of the Copyright Act,1978 (Act no. 98 of 1978), unless such service transmits a lawful broadcast, including theperformance, and is operated by the original broadcaster; or(iii)cause any communication of the performance to the public.(2) In the absence of an agreement to the contrary, a performer’s consent to the broadcasting of his or herperformance shall be deemed to include his or her consent to the rebroadcasting of his or her performance, thefixation of his or her performance for broadcasting purposes, and the reproduction for broadcasting purposes ofsuch fixation.(3) (a) The amount of any royalty contemplated in subsection 1(b) shall be determined by an agreement betweenthe performer and the person who broadcasts or transmits, or causes communication of, the performance,as the case may be, or between their representative collecting societies.(b)In the absence of an agreement contemplated in paragraph (a), any party may refer the matter to theCopyright Tribunal established in terms of section 29(1) of the Copyright Act, 1978 (Act no. 98 of 1978), or- 189 -
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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
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In 1995, ECAD distributed 72% of it
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niches in the market to ensure fair
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Proprietary rights allow authors to
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International royalty distribution
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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 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 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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