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

RecommendationsTimelines for RecommendationsImplementationf.ICASA to implement appropriate processes and systems toensure that the monitoring process is improved and effective.Immediateg.The definition of South African music to be amended toinclude the following:a) A song must have been written or composed by a SouthAfrican resident.b) In the case of classical music, to include such musicperformed by South African musicians and recorded inthe Republic even if the performance is not ‘live’.c)Immediate12 DEVELOPMENTAL ASPECTS AND EDUCATION12.1 CURRENT ENVIRONMENT12.1.1. The universal purpose of copyright is to reward and incentivise creators of knowledge and art. Various sectorswithin the South African Copyright regime are dissatisfied. Ranking highest are local performers andcomposers, who have not benefitted due to a lack of access to the copyright system. Their complaints at publichearings included:They had registered their intellectual property and applied for membership, but had not had any response;Prior airplay was a prerequisite for membership of SAMRO, which excluded emerging musicians, whowork mostly on live performances;The venues where they work and the community radio stations where they play did not come intoconsideration for royalties;Offices of copyright societies were centralised in one province and thus inaccessible; andMusicians and the general public did not know enough about copyright and contractual law, which made iteasy to exploit aspirant musicians.Most of these complaints have been aired since the days of CIGS and the MITT and it is evident that if therecommendations were implemented then the effects were not felt on the ground.12.1.2. These problems could be a result of a copyright system designed to serve developed not developing countries.The hierarchy of royalty payments in SAMRO (where the bulk of creators earn less than the state grant onroyalty payments, while a few earn millions of rand) and the fact that many non-members never get paid for theuse of their works attest to the limitations of the traditional copyright system, particularly in a developmentalcontext. SAMRO fails to serve the majority of creators because it does not practise as a creative businessmodel expanding its operations to include venues and broadcasters where ordinary musicians work. Brazil hasshown that it is possible to collect a larger share of revenue for royalties from live concerts and venues wherelive music is played.- 86 -