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King IIIPrincipleKing IIIRequirementsSAMRO SAMPRA NORMe. 2.18The majority of nonexecutivedirectorsshould beindependent.There are noindependent directors.The pre-requirementfor becoming a nonexecutivedirector ismembership ofSAMRO.The Articles of theAssociation are not inline with the Code ofGood Governance.There are noindependent directors.The pre-requirementfor becoming a nonexecutivedirector ismembership ofSAMPRA(representatives of therecording companies).There are noindependent directors.The pre-requirementfor becoming a nonexecutivedirector ismembership of NORM(representatives ofpublishers).f. 2.18Every Board shouldconsider whether itssize, diversity anddemographics make iteffective. Diversityapplies to academicqualifications,technical expertise,relevant industryknowledge,experience andothers.The members of theBoard have a widerange of experiencewhich includes: law,music publishing,businessmanagement and allmusic-relatedactivities.Experience in financialmanagement, auditingand collections islimited within thecurrent Board (nonexecutivemembers ofthe Board).This is due to the factthat the Boardmembers are onlydrawn from themembers of SAMROand, if there is a skillsshortage within themembership, thesearch does not gowider than the currentmembership.The details of directors’expertise were notprovided to the CRC.The members of theboard have a widerange of experience,which includes: law,music publishing,finance, auditing,business managementand all music-relatedactivities.g. 2.10The board shouldensure that there is aneffective risk-basedinternal audit.Internal audit unit is inthe process of beingestablished.Internal audit unit is notin place.Internal audit unit is notin place.- 50 -
King IIIPrincipleKing IIIRequirementsSAMRO SAMPRA NORMh. 8.1Companies shouldensure equitabletreatment ofshareholders.According toSAMRO’sMemorandum ofAssociation, whichwas drafted in 1960,the Board mayunilaterally terminatethe membership ofany of the members.SAMRO’s requirementthat full members (i.e.those entitled to beelected to the Board)have to be approvedby the Board is notappropriate. Theobjective criteriaapplied in practiceshould beincorporated in itsconstitutivedocuments.SAMPRA’saccountability is limitedto the copyrightowners.No comments.i. 2.26Companies shoulddisclose theremuneration of eachindividual director andcertain seniorexecutives.No disclosure is doneon the annual financialstatements.No disclosure is doneon the annual financialstatements.The non-executivedirectors are notremunerated.j. 2.25Directors shouldremunerate directorsand executives fairlyand responsibly.For the year ended 30June 2010, the ninenon-executivedirectors were paidR224 000 (an averageof R24 890 perdirector per annum orR6 220 per meetingper director). Theaverage pay is muchless than that forsimilar sizeorganisations, whichis in excess ofR10 000 per meeting.The non-executivedirectors are notremunerated.The non-executivedirectors are notremunerated.- 51 -
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TABLE OF CONTENTSLIST OF ABBREVIATI
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11.8 RECOMMENDATIONS ..............
Page 6 and 7: LIST OF TABLESTable 1: Cases of Non
Page 8 and 9: NORMOSPsPOSAPPLPPL (India)ProLitter
Page 10 and 11: These problems are addressed in the
Page 12 and 13: xxi.The report considers developmen
Page 14 and 15: 1.3.8. Determine whether all money
Page 16 and 17: 1.4.9. The CRC derived considerable
Page 18 and 19: 2.3 SUBMISSION BY THE DEPARTMENT OF
Page 20 and 21: Aspects of Intellectual Property Ri
Page 22 and 23: (1) Subject to the provisions of th
Page 24 and 25: Copyright Tribunal or an arbitrator
Page 26 and 27: society, the South African Recordin
Page 28 and 29: 3.2.14. With the liquidation of SAR
Page 30 and 31: the final rate or rates to be appli
Page 32 and 33: (a)that payment is to be made to th
Page 34 and 35: information as to their use to enab
Page 36 and 37: The WCT and WPPT oblige members to
Page 38 and 39: Once the handset technology changed
Page 40 and 41: 4.3.16. In 2009, in what was coined
Page 42 and 43: 4.4.6. In exchange for the above li
Page 44 and 45: operators are licensed by NORM to p
Page 46 and 47: 5.2 FUNCTIONING OF COLLECTING SOCIE
Page 48 and 49: the grant of licences. Article 17 o
Page 50 and 51: 6.1.3. The CRC’s assessment of th
Page 52 and 53: 6.3.3. SAMPRA should be given one y
Page 54 and 55: Corporate Governance GapsKing II Re
Page 58 and 59: King IIIPrincipleKing IIIRequiremen
Page 60 and 61: 8 COLLECTION OF MUSIC ROYALTIES8.1
Page 62 and 63: 8.1.4.2. Needletime royalties are n
Page 64 and 65: 8.1.7.4. For the past five years, V
Page 66 and 67: PRS (UK)SPRE (FRANCE)SUISA(SWITZERL
Page 68 and 69: DetailsPerformance RightsSound Reco
Page 70 and 71: 8.2.7 Comparative Study Performed b
Page 72 and 73: y a collecting society. A rights ho
Page 74 and 75: agency, its rights being derived fr
Page 76 and 77: Mr Robinson said DALRO assumed the
Page 78 and 79: 10.1.6. The distribution to publish
Page 80 and 81: 10.4.4. Most of the other collectin
Page 82 and 83: 10.6.3.4. South African English-lis
Page 84 and 85: 10.10 CONTRACTUAL RELATIONSHIPS BET
Page 86 and 87: 10.12.2. The Regulations should rec
Page 88 and 89: licence that the licensee comply wi
Page 90 and 91: 11.4.6. The details of ICASA’s ta
Page 92 and 93: RecommendationsTimelines for Recomm
Page 94 and 95: enterprises. There was a suggestion
Page 96 and 97: Copyright as it relates to copyrigh
Page 98 and 99: 13.4 DEPARTMENT OF ARTS AND CULTURE
Page 100 and 101: Table 28: Comparative Study’s Key
Page 102 and 103: KEY ITEMS BRAZIL FRANCE INDIA NORWA
Page 104 and 105: 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
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APPENDIX 3: RECOMMENDATIONS BY MITT
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1.PREAMBLEThe Music Industry Task T
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The environment in which the music
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3.1.3 IMPLEMENTATION AND ACCESSION
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In this regard, the Minister should
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3.5.6 OMBUDSMANThe music industry s
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RECOMMENDATION 23:The MITT recommen
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The MITT further recommends that DA
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APPENDIX 4A: EXTRACTS FROM COPYRIGH
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(f)(g)doing, in relation to an adap
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(i)requiring notice of any intended
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(b)any organization claiming to be
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PERFORMERS’ PROTECTION ACTNO. 11
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the parties may agree to refer the
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ANNEXURE 5: COPY OF SARRAL’S CONT
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ANNEXURE 6: SARRAL’S AUDIT REPORT
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TERMS OF REFERENCESNO’SREQUIREMEN
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