Copyright Review Commission Report - ICT Law and Regulation ...
Copyright Review Commission Report - ICT Law and Regulation ...
Copyright Review Commission Report - ICT Law and Regulation ...
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6.2 COMPLIANCE BY COLLECTING SOCIETIES WITH REGULATIONS6.2.1. Due to the legal dispute involving SAMPRA, SAMRO <strong>and</strong> the Registrar, SAMRO has not yet performed anyactivities associated with the collection <strong>and</strong> distribution of sound recording royalties <strong>and</strong> as a result compliancematters are not relevant to the society.6.2.2. The cases of non-compliance to the <strong>Regulation</strong>s by SAMPRA are set out in Table 1.Table 1: Cases of Non-Compliance to the <strong>Regulation</strong>s by SAMPRARefers to the<strong>Regulation</strong>s<strong>Regulation</strong>s RequirementsSAMPRA’S Response to theRequirementsRemarksa. 4(2)“… the Registrar shall beinvited to attend the annual orspecial general meetings of anaccredited collecting society...”The Registrar was not invitedto the last AGM of SAMPRA /RiSA held on 23 February2011.The relevant documentspertaining to the AGM weresubsequently forwarded tothe Registrar (noncompliance).b. 4(2)“... the Registrar shall receivean annual activity report fromeach collecting society, settingout information on its activities,financial records <strong>and</strong> otherrecords within 30 days afterthe end of the financial year ...”The activity reports forSAMPRA were submitted tothe Registrar after 30 days.Nonec. 4(3) (e)“An accredited collectingsociety shall furnish theRegistrar annually with annualaudited financial statements”.The audited financialstatements for the last twocompleted financial periodshave not yet been submitted tothe Registrar.According to SAMPRA, thedelays were due to thedispute with the Registrar.d. 6 (2)A collecting society shalldistribute at least 80% amongits members, <strong>and</strong> not morethan 20% shall be retained bythe collecting society afterdistribution to defray its costsor apply otherwise.No distribution has been madedue to the dispute with theRegistrar.The matter has been referredto the court.6.3 RECOMMENDATIONS AND CONCLUSION6.3.1. The Registrar needs to be appropriately resourced so that his or her office is equipped to investigate <strong>and</strong> makeappropriate decisions. Funding sources for the Office of the Registrar have to be identified. The CRC’srecommendation is that state funding should be provided for the first three years, during which time theRegistrar should develop an appropriate funding model that can be supported by the industry from year four.6.3.2. The <strong>Copyright</strong> Act should be amended to allow the Registrar to take over the administration (as opposed to thewithdrawal of accreditation) of any relevant collecting society (SAMPRA, NORM or SAMRO) if the Registrar hasreason to believe that there has been a material breach of the <strong>Copyright</strong> Act or <strong>Regulation</strong>s.- 45 -