2001 copyright amendment bill presentation by: 10 october 2001 to the southern african music rights...
DESCRIPTION
BackgroundBackgroundTRANSCRIPT
2001 Copyright Amendment Bill2001 Copyright Amendment Bill
Presentation by:
10 October 2001
to
The Southern African Music Rights Organisation
The Parliamentary Trade and IndustryPortfolio Committee
Table of Contents
The “Good Law” PrincipleThe “Good Law” Principle
ReciprocityReciprocity
Cultivating South Africa’s RepertoireCultivating South Africa’s Repertoire
SAMRO’s PerspectiveSAMRO’s Perspective
Operational OverviewOperational Overview
BackgroundBackground
The Rights SAMRO AdministersThe Rights SAMRO Administers
BackgroundBackground
Background• Established 1 January 1962
• Non-profit organisation
• Represents 4 300 composers / lyricists and 400 music publishers
• Database of over 1 million composers
• Ownership details of nearly 4 million musical works
The Rights SAMRO AdministersThe Rights SAMRO Administers
Collecting / Administration Societies
• Administers- “Performing rights” inMUSICAL WORKS
• Broadcasting, performance in public and diffusion / transmission rights
SAMROSAMROSouthern African Music Rights Organisation
Collecting / Administration Societies
SARRALSARRALSouth African Recording Rights
Association Limited
RISARISASociety of Record Companies in South Africa
NORMNORMAssociation of SA Music Publishers
““Musical Works”Musical Works” ““Sound Recordings”Sound Recordings”
SAMROSAMROSouthern African Music Rights Organisation
Administers Performing rights
Administers Mechanical rights
Administers Mechanical rights
Operational OverviewOperational Overview
Operational Overview• SAMRO analyses programmes performed daily by
licensed “users” throughout its operational territory
• Sophisticated technology and processes used to calculate and distribute royalties to composers, whose music has been performed
• 4 Million plays occur on terrestrial radio annually
• 60 Million seconds of music cues broadcast on TV
• Of all existing performing rights royalties generated on the African continent, in excess of 75% are collected and processed locally
SAMRO’s PerspectiveSAMRO’s Perspective
SAMRO’s Perspective
• Proposed changes to the 1978 Copyright Act
• Sections 2 and 3 of the 2001 Copyright Amendment Bill
• Re-introduce concept of a performing right in sound recordings – “needle time”
SAMRO’s Perspective
• Producers of sound recordings should receive remuneration for the use of their product
• BUT how are producers going to be paid?
• Not from the income of composers(approx. 2.25%) – their remuneration shouldbe budgeted separately
The “Good Law” PrincipleThe “Good Law” Principle
The “Good Law” Principle• “Good Law” = compliance with the
non-derogation rule
• The lawmaker cannot confer a right on one party, whilst diminishing the quality of someone else’s right
• Potential negative risk to composers’ incomes – could forfeit as much as 50% of earnings
• Possible Constitutional Court action in future
• Consider Canadian copyright model
ReciprocityReciprocity
Reciprocity
• Governed by WIPO Treaty and Rome Convention
• Means “interchange of privileges”
• “Limited ‘needle time’ is recognised in the USA”
• Some countries limit right of remuneration for “needle time” to nationals and creative artists residing in Rome Convention countries
• South Africa should consider applying the same or similar principle
Cultivating SA’s RepertoireCultivating SA’s Repertoire
Cultivating SA’s Repertoire• Approximately 70% of music played in
South Africa is composed abroad
• Industry needs to be structured to encourage young people to pursue careers as creative artists
• Unqualified amendments, without due regard for existing rights, threaten to drive local talent abroad
• Incentive diminished
• To enhance our music heritage, the rights of composers must be upheld and safeguarded
The Southern African Music Rights Organisation
PO Box 31609Braamfontein
2017JohannesburgSouth Africa
Phone: +27 11 489 5000 Fax: + 27 11 403 1934