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licence that the licensee comply with needletime and copyright obligations, with the rider that repeated failuresto do so will lead to the cancellation of the licence. Broadcasters who are repeatedly in breach of theseobligations should not be permitted to broadcast. Conditions along the lines suggested would be the mosteffective means of ensuring that broadcasters pay royalties.11.3 SOME OF THE MITT RECOMMENDATIONS11.3.1. As stated earlier in this report, the Music Industry Task Team (MITT) was appointed by the Minister of Arts,Culture, Science and Technology in response to an expression by musicians and their representativeorganisations of problems within the music industry. The MITT’s findings with regard to compliance andmonitoring were:1) The IBA (Independent Broadcasting Authority, ICASA’s predecessor) was not effective in enforcing andmonitoring the local content quotas and, as a result, many broadcasters were not adhering to the localquota; and2) The local content quota of 20% for commercial radio stations was too low.11.3.2. The MITT recommended that a significant improvement was required from IBA with regard to the enforcementand monitoring of the local content quotas. The MITT also recommended an increase of the local content quotafrom 20% to 50% for commercial radio stations.11.4 ICASA’S LOCAL MUSIC CONTENT TARGETS VS PROGRESS TO DATE11.4.1. ICASA’s targets and progress to date with regard to public radio stations are detailed in Table 23.Table 23: ICASA’s Targets Versus Achievements by Public Radio Stations in 2010Radio Station Music Local Content Targets Recent Actual Content Achieveda. Ukhozi FM 40% 80%b. SAFM 40% 71%c. RSG 40% 83%d. Lotus FM 40% 27%e. Umhlobo Wenene FM 40% 81%f. Lesedi FM 40% 85%g. Thobela FM 40% 78%h. Motsweding FM 40% 84%i. Ligwalagwala FM 40% 83%j. Munghana Lonene 40% 83%k. Ikwekwezi FM 40% 92%l. Phalaphala FM 40% 84%m. XK FM 40% 93%n. Radio 2000 40% 84%- 82 -
11.4.2. The local music content target is currently 40% for all public radio stations. Stations included in this category arelisted in Table 23.11.4.3. Between 1980 and 2000, the average local music content for these public radio stations (with the exception ofSAFM and XK FM) varied between 70% and 80%. ICASA’s target of 40% is therefore inappropriate because itis not consistent with the achievements to date. In 1996, average local music content for these stations wasalready at 80%.11.4.4. Despite the lower targets for local music content, most of the public radio stations have consistently maintaineda higher level of such content.11.4.5. Based on the CRC assessment, the monitoring process for the fulfilment of the licence conditions can beimproved. The CRC assessment is based on the following: There were significant discrepancies between the local content as per ICASA’s records versus the recordsof the various radio stations; The assessment files for 2010 for the following radio stations could not be submitted to the CRC byICASA: RSG, Thobela FM, Munghana Lonene, Phalaphala FM, Metro FM, East Coast Radio, Kaya FM,567 Cape Talk, Classic FM, 94.5 KFM, OFM and Radio 2000. Accordingly, ICASA could not confirmwhether these stations had fulfilled their licence conditions in 2010; and The CRC was not provided with evidence that corrective action is taken against the broadcasters for failingto achieve the local content targets.Table 24: ICASA’s Targets versus Achievements by Commercial Radio Stations in 2010Ref. Radio Station Music Local Content Targets Recent Actual Content Achieveda. Metro FM 25% 28%b. Jacaranda FM 25% 26%c. East Coast Radio 25%Details could not be provided by therespective parties.d. YFM 50% 53%e. 5 FM 25% 27%f. 94.7 Highveld Stereo 25% 27%g. Kaya FM 25%Details could not be provided by therespective parties.h. Good Hope FM 25% 28%i. Algoa FM 25% 25%j. 702 Talk Radiok. 567 Cape TalkExempted from local music contenttarget.Exempted from local music contenttarget.l. Classic FM 25%4,77%4,77%Details could not be provided by therespective parties.m. 94.5 KFM 30% 30%n. OFM 25%Details could not be provided by therespective parties.- 83 -
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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
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2.3 SUBMISSION BY THE DEPARTMENT OF
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Aspects of Intellectual Property Ri
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(1) Subject to the provisions of th
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Copyright Tribunal or an arbitrator
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society, the South African Recordin
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3.2.14. With the liquidation of SAR
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the final rate or rates to be appli
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(a)that payment is to be made to th
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information as to their use to enab
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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 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 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
Page 118 and 119: Copyright Amendment Act of 1984Copy
Page 120 and 121: APPENDIX 1(B): SUMMARY OF ORAL REPR
Page 122 and 123: Due to the fact that the existing c
Page 124 and 125: Mr BrottelProtection of copyright m
Page 126 and 127: 1.1.3. LIST OF ENTITIES VISITED AND
Page 128 and 129: In the 2009 Annual Report of ABRAMU
Page 130 and 131: The implementation of this law led
Page 132 and 133: ecordings. In respect of audio-visu
Page 134 and 135: In 1995, ECAD distributed 72% of it
Page 136 and 137: 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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