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TERMS OF REFERENCESNO’SREQUIREMENTS11. Assess if collecting societies in general,nationally and internationally, collect onlyfrom their members and/or nonmembers.In this regard, assess how areroyalties of non-members treated anddistributed, including the efforts taken bycollecting societies for tracking nonmemberswhose royalties are in custodyof collecting societies. The CRC shouldassess, advise and makerecommendations.THE CRC HIGH LEVEL RESPONSESThe contracts between the collecting societies (SAMPRA and SAMRO) and theirrespective music users are limited to their repertoire, but they operate as if they haveblanket agreements with their respective users. Although this practice is in conflict withthe contractual terms, it is better because it simplifies the administration levels for theusers. Based on this practice, the collecting societies (SAMPRA and SAMRO) collectroyalty income for both members and non-members.The non-members’ portion is retained by SAMRO for three years (it is still too early totalk about SAMPRA in this regard) and any unclaimed royalty income at the end ofthree years is distributed and shared by the known members.SAMRO has an unjustifiably long list of unknown recipients. The CRC is not satisfiedwith SAMRO’s effectiveness in tracking the unknown recipients of the unclaimedroyalties.With regard to the seven countries (Brazil, France, India, Norway, Senegal, Switzerlandand UK) visited by the CRC, the collecting societies collect for both members’ and nonmembers’shares of royalties. The non-members’ portion is retained while the rightrecipients are being sought through very effective measures (in most cases).The CRC recommends that collecting societies adopt effective measures to tracemembers and non-members alike.REFERENCES TO CRC REPORTParagraph 8.3- 212 -
TERMS OF REFERENCESNO’SREQUIREMENTS12. Assess in particular how reciprocalagreements in this regime of collectingsocieties operate. Further assess thereciprocal agreements amongst collectingsocieties and their counterparts.Determine who owns the “rights” in thisrelationship. Are rights alienated to thirdparties without consent of the owner ofthe rights?The CRC should assess,advise and make recommendations.THE CRC HIGH LEVEL RESPONSESSAMPRA only grants licences in respect of repertoire owned by RiSA’s members whileNORM only grants licences in respect of repertoire owned by its members. BothSAMPRA and NORM have no reciprocal agreements. The payments for theinternational parties are done via local agents of international publishers like Sony, EMIand others. As indicated above, SAMPRA operates as if there are blanket agreementsbetween itself and its users (SAMPRA collects the full needletime liability from itsusers).SAMRO and DALRO are affiliated to numerous similar organisations elsewhere in theworld. They have a number of reciprocal agreements with these other organisations interms of which of these societies administer the rights of the collecting societies in theircountries (having been authorised to do so by licences or assignments of copyrighteffective in the countries in which they operate). SAMRO and DALRO, in turn, areauthorised, in terms of these agreements, to administer the repertoire of these societiesin South Africa. All these societies apply the principle of national treatment inaccounting for royalties. The result, based on the terms on which SAMRO and DALROcollect and account to foreign affiliates, are same as those upon which they collect onbehalf of South African composers, publishers and authors. SAMRO acts as assigneeof the rights of its members. It is therefore the owner of the rights it administers. Eachmember is entitled to resigning from SAMRO to the re-assignment of his or her rights.DALRO acts as assignee of publishers and some authors.REFERENCES TO CRC REPORTParagraphs 10.5.1 & 10.5.2- 213 -
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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
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IPRS uses the standard tariffs in r
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Ad-hoc workshops on copyright are c
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meaningful living out of their crea
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4.1.3. LICENSING AND LEGAL REGIMESI
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Ballet teachers; Teachers in the fi
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It was founded in 1928 by the Norwe
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6.2. STRUCTURE OF COLLECTING SOCIET
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6.5. COLLECTION OF MUSIC ROYALTIEST
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1957, when the Managing Director of
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16.4.14 SWISSPERFORM: CHF4 millionI
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Cross-border licensing of digital r
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algorithm could be used to determin
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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 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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