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

Table 27: Key Government Role Players in the Copyright EnvironmentRef. Key Role Player Roles and Responsibilities within Copyright Environmenta. Department of Trade and Industry‘Owner’ of the Copyright Act: Responsible for drafting andmaintenance of the Act and responsible for making sure that it isapplied and implemented accordingly.b. CIPRO / CIPC (Registrar)Supervisory of the accredited collecting societies is responsible forensuring that there is an effective collective management system inplace that is in compliance with the legislation.c. Department of Arts and Culture‘Owner’ of the MITT project: Responsible for driving theimplementation of the MITT’s recommendations.d. Department of Communicatione. ICASAPlays an oversight role over ICASA.‘Owner’ of the Electronic Communications Act: Responsible fordrafting the relevant legislation for the local music content targetsand monitoring and enforcement of the licence conditions.13.1.5. To assess the effectiveness of the monitoring activities associated with the improvements of the livelihoods oflocal artists (performers, songwriters, performers, publishers, record companies and other stakeholders), theCRC reviewed recent strategic plans and annual reports of the above-mentioned key stakeholders.13.2 the dti13.2.1. the dti initiated the amendments to the Copyright Act in 2002 and the Performers’ Protection Act of 2002, andintroduced the Regulations in 2006 to provide for needletime. The CRC was not able to locate targets relating tothe implementation of the Collecting Society Regulations in the Strategic Plans for the dti for the subsequentyears (after 2006). It was also unable to verify that progress was reviewed, since annual reports for thesubsequent years did not disclose anything about the Regulations and the amendments to the Act. The CRC is,therefore, not able to satisfy itself that there was adequate oversight on the implementation of the amendmentsto the Act and the Regulations.13.3 CIPRO (REGISTRAR)13.3.1. CIPRO’s strategic plans for the previous periods could not be located and, therefore, the CRC was unable toascertain whether there were appropriate plans and targets for the Registrar’s functions. The performanceinformation (as per published annual reports) for the years ended 31 March 2010, 31 March 2009 and 31 March2008 did not disclose anything associated with a supervisory function for the collecting societies, progress madewith regard to the collections of needletime royalties, and progress with regard to the implementation of theRegulations.- 91 -