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

5.3.14. The WIPO paper, Collective Management of Copyright and Related Rights, clearly defines the reasons forcollective management. It states that the fabric of our cultural lives is enriched by the genius of creators. In orderto develop their talent and encourage them to create, we have to ensure that incentives are available, namelyremuneration, in return for permission to make use of their works. The membership of the collectivemanagement organisation is open to all owners of copyright and related rights, being: authors composers publishers writers photographers musicians5.3.15. The collective management organisation allows for the use of works and for payment for their use to be made tothe correct owners of the right. The works declared by the organisation’s members are the national or localrepertoire. The WIPO paper illustrates the work of collective management, from traditional organisations torights clearance centres and one-stop shops. It also touches on the field of musical works, wheredocumentation, licensing and distribution are the three pillars on which the collective management of the rightsof public performance and broadcasting is based. Taking into account the national treatment principle enshrinedin both the Berne and Rome conventions, foreign rights owners are treated in the same way as nationals in theirrespective countries.5.3.16. The paper also makes the point that one of WIPO’s aims is to assist developing countries, upon their request, inestablishing collective management organisations, and to strengthen existing organisations to ensure that theyare fully efficient and effective in their response to the challenges of the digital environment.5.3.17. It deals with the socioeconomic and cultural dimension, service to the world of music and other creative arts.The system is rewarding the creators for their work and they, in turn, are more inclined to develop and applytheir talents in an environment that provides adequate copyright and related rights protection and an efficientsystem for the management of those rights. It is undeniable that these factors have a favourable impact onnational economies. Cultural industry contribution to the Gross Domestic Product and income from the collectivemanagement of copyright and related rights account for a substantial part of the percentage.6 LEVEL OF COLLECTING SOCIETIES’ COMPLIANCE WITH REGULATIONS6.1 ACCREDITED COLLECTING SOCIETIES6.1.1. Since the promulgation of Collecting Society Regulations in 2006, the Registrar of Copyright accredited threesocieties to collect royalties for sound recordings, namely SAMPRA, SARRAL and SAMRO. In 2010, theaccreditation for SARRAL was withdrawn after the court issued a liquidation order in 2009.6.1.2. SAMRO and SARRAL were accredited as collecting societies for performers based on Regulation 3 (1) (b) andSAMPRA was accredited as a collecting society for the copyright owners in 2008 based on Regulation 3 (1) (a).- 43 -