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13.4 DEPARTMENT OF ARTS AND CULTURE (DAC)13.4.1. Despite the fact that large parts of the MITT recommendations are not implemented, the strategic plans for theDAC for the last three years made no reference to it. The annual reports for the respective periods were alsosilent on the matter. It is doubtful that implementation will be a priority for junior managers if it is not a priority forthe organisation.13.5 ICASA13.5.1. The plans and targets associated with the enforcement and monitoring of compliance with the licence conditionsby the broadcasters are well documented on the strategic plans, and the annual reports disclose the results ofactual performance against the plans.13.5.2. The issue of higher local content targets does not seem to be part of ICASA’s mandate and, accordingly, settinghigher targets is not part of ICASA’s monitoring mechanisms. ICASA is only concerned with the achievementsof the legislated targets, but it does not help anyone if the unrealistic low targets are achieved. For example, thelocal content for public radio stations is currently at 40%. It is a known fact that most achieve between 75% and90% (as per Table 23) and, accordingly, a target of 40% cannot assist in maintaining or improving the currentsituation.13.5.3. ICASA’s mandate is not about economic growth and, accordingly, it is not ICASA’s priority to have higher localcontent targets. It was incorrect to assign ICASA the responsibility for setting these targets or driving theprocess of setting local content targets. The CRC believes that the natural home for this responsibility is the dti,while ICASA is geared to play a significant role in monitoring the pre-agreed targets.13.6 CONCLUSIONS AND RECOMMENDATIONS13.6.1. There is no evidence that monitoring at strategic level with regard to increasing the disposable royalty incomefor local artists has been effective.13.6.2. There is a risk that the recommendations for the CRC may not be implemented due to inadequate monitoring ora lack of collaboration among key stakeholders. The CRC recommends: A joint steering committee (interdepartmental steering committee) with ministerial representatives from thethree departments (the dti, DOC and DAC) should be established to oversee the implementation of therecommendations. The joint steering committee should meet at least twice a year and there should be astanding invitation to include the Registrar for collecting societies (CIPC), the CEOs for the respectivecollecting societies (SAMRO, SAMPRA and NORM) and the CEO of ICASA; The strategic plans for CIPC should include targets for the tangible deliverables arising from thesupervisory function of the collecting societies; and the dti strategic plans should incorporate the high-level plans and targets for the implementation of theCRC’s recommendations.- 92 -
14 COMPARATIVE STUDIES14.1 KEY FINDINGS14.1.1. The purpose of conducting this comparative study, which included both developed and developing countries,was to enable the CRC to identify opportunities and threats that could assist in enhancing the effectiveness ofthe royalty collections and distributions processes.14.1.2. Brazil, France, India, Norway, Senegal, Switzerland and the UK were selected for the comparative study.14.1.3. As part of data-gathering process, the following activities were carried out: Interviews with key role players (relevant government officials, members of the senior management of thecollecting societies or agencies, representatives of the recording entities, trade union officials and otherinterested parties); Review of the copyright legislation for the respective countries; Review of the recent annual reports and annual financial statements (for 2010 and 2009) for the relevantcollecting societies; Review the tariffs; and Review the relevant publications in this area.14.1.4. Key findings are listed in Table 28 and individual countries are listed in Appendix 2.- 93 -
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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
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Once the handset technology changed
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4.3.16. In 2009, in what was coined
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4.4.6. In exchange for the above li
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operators are licensed by NORM to p
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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 88 and 89: licence that the licensee comply wi
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 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
Page 138 and 139: Proprietary rights allow authors to
Page 140 and 141: International royalty distribution
Page 142 and 143: 3.2. Relevant LegislationsThe prese
Page 144 and 145: IPRS uses the standard tariffs in r
Page 146 and 147: 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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