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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 -
TERMS OF REFERENCESNO’SREQUIREMENTS15. Assess contractual relationship amongartists and big recording companies, suchas Sony, EMI, Gallo and Universal andpublishing houses pre and post theCopyright Amendment Act, 2002 andPerformers Protection Amendment Act,2002. The CRC should assess, adviseand make recommendations.16. ' Assess contractual relationship amongstartists and independent labels pre andpost Copyright Amendment Act, 2002and Performers Protection AmendmentAct, 2002. Assess how distribution isdone flowing from these contractualrelationships. The CRC should assess,advise and make recommendations.THE CRC HIGH LEVEL RESPONSESNeither the pre-2002 nor the post-2002 contracts could be examined because therelevant parties did not submit them to the CRC.The pre-2002 contracts could not be examined because the relevant parties could notsubmit them to the CRC. A sample of post-2002 recording contracts for the big fourrecording companies’ contracts were examined. Based on the sample of the contractsexamined, those contracts, which recognise the existence of the needletime rights, allmake provision for an equal split between the performers and the recording entities.Other contracts make no reference to the needletime rights even though they wereconcluded after 2002. With regard to the recoupment of the advances, advancecontracts do not make a distinction between different types of royalty sources. Theadvances are repayable against any type of income payable to the artists. In terms ofthese contracts, the needletime royalty income may be set-off against the outstandingadvances and all contracts of the big four recording entities were in agreement to this.Almost all contracts examined were exclusive; the artists are not allowed to contractwith more than one recording entity concurrently.The Commission has recommended the following:REFERENCES TO CRC REPORTParagraph10.10A standard template for the performers’ contracts to be drafted by the dti andrecommended for use by the recording entities.the dtiis to fund the audit of artists’ financial affairs within the recording entities ona sample basis for next couple of years.17. Assess the efficiency of legislation in SAto deal effectively with concerns raisedabove.This aspect is addressed in Chapter 3 & 4. The CRC recommends that the CopyrightAct and the Copyright Regulations be amended to address technological advances andto provide for an effective regime for the collective management of copyright rights.Chapter 3 & 4- 215 -
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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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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 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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