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

8.2.1.2. In South Africa, the tariffs are determined by the respective collecting societies. Should a dispute arisebetween the users and the collecting societies regarding tariffs, the matter may be referred to theCopyright Tribunal.8.2.1.3. The process followed by SAMRO in determining tariffs is undertaken within its Business DevelopmentDepartment. The department is usually requested to initiate the process by the Sales Division after theidentification of the need for a new tariff. The Business Development Unit performs the research, whichentails: Identification of the users of the musical works in question; The way in which the music is being used; Where the musical works are being used, the audience and method of fixation; International benchmarking is undertaken to ensure SAMRO tariffs are on a par with internationalnorms; and The tariffs are reviewed by the tariff committee before submission to the executive committee forapproval.Due to the pending court cases, SAMPRA could not disclose the processes it uses to determine tariffs.8.2.2 Commercial Radio Stations – Performance RightsTable 5: Radio Stations Tariffs for Performance RightsPRS (UK)SPRE (FRANCE)SUISA(SWITZERLAND)IPRS (INDIA)SAMROAnnualBroadcastingRevenueRatesAnnualBroadcastingRevenueRatesMusicUsageLevelRatesMusicUsageLevelRatesUp toR5,1 million4%Less than20%1%30% andless3%Up toR7,6 millionBetweenR7,6 millionandR13,9 million3%4%BetweenR5,1 millionandR30,6 millionBetweenR30,6 millionandR132,6 million5%6%Between20% and30%Between30% and40%2%3%41% to50%51% to60%4%5%Averagetariff of3,25%R13,9 millionand more5,25%R132,6 millionand above7%Between40% and50%Between50% and60%4%5%61% to70%71% to80%6%7%- 59 -