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

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DetailsPerformance RightsSound RecordingRightsTotal Liability(Sum of bothRights)FRANCECollecting societyNo separate chargeSPRE (inclusive bothrights)Rates - 6% 6%INDIASOUTH AFRICACollecting society IPRS PPLRates 7% 2% 9%Collecting society SAMR SAMPRARates 3,25% - 3,25%8.2.4.1. The average total liability in Table 8 for music royalties (performance and sound recording rights excludingmechanical rights) amounts to 10,25% for the UK’s bigger radio stations.8.2.4.2. In France and Switzerland, there is one collection point for both rights and the overall average is 6% forFrance and 7% for Switzerland.8.2.4.3. In India, the average total liability for music radio stations (for at least 70% music usage) is 9%.8.2.4.4. Currently, the average total music royalty liability (excluding mechanical rights) for all radio stations inSouth Africa is 3,25% compared to 10,25% in England, 6% in France, 7% in Switzerland and 9% in India.There is a shortfall of at least 4% between the current total local tariffs and the average internationalcomparative tariffs (8,06%).8.2.5 Comparative Study Performed by NAB on Radio Stations8.2.5.1. In 2008, NAB performed a comparative study analysis. The tariffs used were in place in 2008 for therespective collecting societies. See Table 9.- 62 -
Table 9: Comparative Analysis Performed by NAB on Radio Stations Tariffs Charged by Different CollectingSocieties in 2008APRA (Australia)SOCAN(Canada)GEMA (Germany) PRS (UK) SACVEN (Venezuela)AnnualBroadcastingRevenueRates3,85% (assuming100% of radiobroadcast relatesto APRA’s works)3,2% on firstR10,9 million ofannual revenuesand 4,4% on therest. The effectiverate is 4% for aradio station withincome equal ormore thanR30 million perannum.Flat rate of 6,2%BelowR6,4 millionBetweenR6,4 millionandR12,8 million3%4%0,18% of the grossrevenueR12,8 millionand above5,25%Music is lessthan 15% ofthe totalbroadcasttime1%8.2.5.2. Based on NAB’s comparative study, SAMRO’s tariffs for radio broadcasting at approximately 3,25% arelower than APRA’s tariffs of 3,85% and not comparable to GEMA at 6,2%. Venezuela’s SACVEN is theonly collecting society that the CRC has identified with lower radio station tariffs at 0,18%. The NAB studyalso confirmed that current local tariffs are not competitive.8.2.6 Commercial TV StationsTable 10: Comparison of TV Stations TariffsSPRE (France) SUISA (Switzerland) SAMRO2% of revenue 4,4% of revenue 2,5% of revenueThe tariffs for IPRS, TONO, PRS and ECAD could not be ascertained. Based on the available data, SAMRO’s TV tariffsare in line with the comparable collecting societies.- 63 -
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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
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 56 and 57: King IIIPrincipleKing IIIRequiremen
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 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
Page 106 and 107: about 30%, which is the highest amo
Page 108 and 109: 15.1.3. The Copyright Tribunal’s
Page 110 and 111: 15.1.20. Local music content requir
Page 112 and 113: for the selected artists. The outco
Page 114 and 115: King III Report by Institute of Dir
Page 116 and 117: 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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