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

TERMS OF REFERENCESNO’SREQUIREMENTS13. Assess all licences issued by ICASA topublic and private radio and TV stationsin relation to music genres. Is therecompliance with the terms of the licenseand recommend how enforcement can beimproved? The CRC should assess,advise and make recommendations.THE CRC HIGH LEVEL RESPONSESDespite the recommendations of the MITT in 2000 about the local content targets, thelocal music content targets are still too low:25% for commercial radio stations; and40% for public and community radio stations.The economic benefits arising from the introduction of needletime will be hampered bythese low targets.ICASA could not provide the assessment files for 11 radio stations for 2010 and wecould therefore not ascertain whether the monitoring activities were performed for theradio stations in question. The CRC believes that there is still room for improvement onthe monitoring side.The definition of South African music has gaps and hampers the effectiveimplementation of the local content requirements. The CRC believes that such gapshave to be rectified.ICASA is to implement appropriate processes and systems in order to improve theeffectiveness of the monitoring process.REFERENCES TO CRC REPORTChapter 1114. Assess how reciprocal agreements in thecopyright regime operate amongst states.Can a state, such as South Africa, directhow reciprocal agreements should bestructured in terms of Section 4 of thePerformers Protection Act, 196? TheCRC should assess, advise and makerecommendations.There are no reciprocal agreements in the copyright regime between states; a statesuch as South Africa cannot direct how reciprocal agreements should be structured interms of Section 4 of the Performers Protection Act.Paragraph10.5.4- 214 -