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

11.4.6. The details of ICASA’s targets and progress (2010) with regard to commercial radio stations are as follows: The local content target for private radio stations is 25% (except for YFM, which is 50%). The CRCbelieves that 25% is too low to make any significant impact on the royalty income for local artists; and ICASA has no targets for talk radio stations and, as a result, Radio 702 and Cape Talk are currentlyachieving only 4,77% with regard to local music content. Based on the CRC assessment, therecommendations made by the MITT in 2000 have not been implemented.11.4.7. The situation with regard to television is as per Table 25:Table 25: ICASA’s Requirements with Regard to the TV StationsTV StationOverallLocalContentTargetContentAchieved)RemarksMusic LocalContent TargetsActual MusicContent Achieved(2010)a. M-NET 10% 15,76%The target is too lowand the economicimpact insignificant.Targets are not inplace for ICASAand the internaltargets for the TVstation were notprovided to theCRC.No records aremaintained byICASA.b. MultiChoice 10% 15% As in (a) above As in (a) above As in (a) abovec. e.tv 45% 48,3% No comments As in (a) above As in (a) aboved. SABC TV 55% 75% No comments As in (a) above As in (a) above11.5 IMPLICATIONS OF LOW LOCAL MUSIC CONTENT11.5.1. The proportion of local music content for broadcasters is important for local artists because: The royalty distributions payable by the broadcasters in terms of Section 6 and Section 9 of the CopyrightAct are distributed among the relevant music service providers (authors, composers, publishers, musicproducers and performers) based on usage levels.. Broadcasters are the only music users that keep complete cue sheets and collecting societies use thesesheets as a base for distributing the music royalties generated from other users.11.6 DEFINITION OF SOUTH AFRICAN MUSIC11.6.1. The Electronic Communication Act, No. 36 of 2005 (‘the EC Act’) regards music performed by South Africancitizens, irrespective of authorship or composition, as South African music. Section 61 (2) (c) of the Act statesthat a musical work broadcast by a broadcasting service licensee qualifies as South African music if such workcomplies with at least two of the following criteria:1) If the lyrics were written by a South African citizen;2) If the music was written by a South African citizen;3) If the music or lyrics were principally performed by musicians who are South African citizens;4) If the musical work consists of a live performance that is recorded wholly in the Republic; or5) If the musical work is performed wholly and broadcast live in the Republic.- 84 -