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

11.6.2. This means that, for example, if the lyrics were written by a foreign artist and the music (melody) was co-writtenby a foreigner and a local artist but performed by the local artist, such musical works would, for ICASA’srequirements, qualify as local content. However, from a performing rights point of view, a large portion ofroyalties would go to the foreign artists, since they would have been the author and co-composer of the work.11.6.3. The definition of South African music as contained in the EC Act compromises the income of South Africancomposers and, particularly as applied to classical music is too narrow.11.7 CONCLUSIONS11.7.1. Despite the recommendations of the MITT in 2000, local content targets are still too low (25% for commercialradio stations, 40% for public radio stations and community radio stations) and will negatively affect theeconomic benefits arising from the introduction of needletime.11.7.2. ICASA could not provide the assessment files for 11 radio stations for 2010 and, therefore, the CRC could notascertain whether monitoring activities were performed for the radio stations in question. The CRC believesthere is room for improvement on the monitoring activities.11.7.3. There are gaps in the definition of South African music and the CRC believes such gaps should be rectified.11.8 RECOMMENDATIONSTable 26: Recommendations for Local Music ContentRecommendationsTimelines for RecommendationsImplementationa.The local music target for public radio stations to beincreased from 40% to 80%.Within one year after the effective date ofimplementation.b.The target for private radio stations to be increased from25% to 50%.The new target to be phased in over a five-yearperiod (to be increased by 5% per annum for aperiod of five years).c.Community radio stations’ target to be increased from 40% to80%.Within one year after the effective date ofimplementation.d.Local music content to be incorporated into TV and to be inline with local content for other programmes.Within three years after the effective date ofimplementation.e.ICASA should include as a condition in broadcasters’licences that compliance with needletime and copyrightobligations is compulsory and that repeated failure bybroadcasters to comply should lead to the cancellation oftheir licences.Within three years after the effective date ofimplementation.- 85 -