|“Four SA Collecting Societies collectively holding R1.17 billion in cash – egregious and a disgrace is the view, as well as an overdue and urgent call to order to order – where is the State oversight and the scrutiny of SARS, CIPC and the Reserve Bank?”||Download 1MB|
|Grey listing? Three statutes in South Africa…….the vigorous implementation and repeal of which might….just might provide veracity and traction to South Africa’s claims that it is serious about money laundering compliance||Download 2.0MB|
|Non-juristic parties masquerading as SAMRO Publisher full members in the penumbra of SAMROs MOI, membership regulations and databases – a status quo forcing the question how close is this CISAC member and prominent de facto monopoly in the South African copyright industries sailing to the winds of disaster? when almost 3 out of 4 SAMRO Publisher full members are non-registered or deregistered.|
This study sets out inter alia the findings arising from a study of the juristic party status of the Southern African Music Rights Organization (“SAMRO”) Publisher full members and the implications arising from the non-registered and deregistered SAMRO Publisher full members, as seen through the visor South African laws, and the parties that aid and abet the continued use of non-registered and deregistered SAMRO Publisher full members as trading entities, when according to the State, all the non-registered and deregistered SAMRO Publisher full members don’t exist avoiding obligation to account and report to the Commission and the South African Revenue Service (“SARS”).
The initial investigation focus was the publisher full members as a population, finite in number, 93 and pursuant to SAMRO’s membership rules all required to be registered entities. The investigation found that in 2021, 72.04% of the SAMRO Publisher full members were not juristic parties, the overwhelming majority of which either did not exist at the Commission or had the status at the Commission of “Final Deregistration” – none, juristic parties and up from 56% in 2018.
The governance implications of the majority of the SAMRO Publisher full members, almost 3 out of 4, being without legal standing, were found to be stark, opined to directly prejudice SAMRO’s members interests and its future unless remedial action is swiftly implemented by the SAMRO Board, a challenge of critical proportion.
|Black Box 5 – The Public Domain and unlawful practices by CISAC collecting society members|
The composer author arranger called “DP” – how Collective Management Organizations redistribute in-copyright performing right royalties, using out-of-copyright works and authors in the public domain and arrangements thereof – developing elements of public domain monetization theory
|Black Box 4 – Gallo Africa – sanctions busting and other royalty shenanigans||Download|
|Copyright Gone Wrong?|
|SAMRO Paper as of 24 Nov 2021|
Collective management organisation (CMO’) musical and literary work performing right royalty collection……what gives? Navigating the landscape and options facing a Southern African Music Rights Organization (SAMRO) author/composer/arranger and/or adaptor member
|Another Copyright Amendment Bill draft unfit for future purpose?|
|Download 62,7 Kb|
Response to SAMRO CEO Response to Media reports
The document address in detail SAMRO’s response to the City Press 2nd April 2018 story “Gospel shocker: How black musicians got screwed”, an interview with iconic and multi-platinum selling Gospel star Hlengiwe Mhlaba.
|Download 646,6 Kb|
Copyright Amendment Bill 2015
Presentation to the Portfolio Committee on Trade and Industrym, SA Parliament
|Download 854,6 Kb|
THE VALUE OF IP AND UNLOCKING THE COLLECTIVE BENEFITS OF COMPLIANCE
A presentation, as part of the WORLD IP DAY 2016, at the Compliance Promotes Sustainable Businesses SMME Workshop “Corporate Governance: A Path To Sustainable Business” presented at Sci-Bono in Newtown, Johannesburg, Gauteng, South Africa on 25th April 2016
|Download 839,9 Kb|
Response to Copyright Alliance Submission to Chairperson Fubbs
Response to the Copyright Alliance submission to Portfolio Committee on Trade Industry Chairperson Fubbs regarding the Copyright Amendment Bill
|Download 117,4 Kb|
Corporatization – A Handbook and Plan
If you ever thought of using your own skill to create your own job, then this corporatization handbook with accompanying Plan and Budget/Forecast templates, will assist you. Not all,….but many. Whilst the specific “Corporatization – A Handbook and Plan” attached speaks to the skill and business of an artist, the plans are in template format and can be adjusted/amended to suit different skill and business options. Corporatization is a process transforming from a circumstance where income earned by a skill that is paid to the skill to a circumstance where income earned by a skill is paid to equity (a company) owned by that skill. With jobs becoming few and far between, there is much to be said for creating your job using your own skill, whatever such skill may be.
Handbook 112,8 Kb
Plan 94,1 Kb
Budget 51,2 Kb
Not out of the woods yet
A COPYRIGHT LAWYER TAKE ON THE CONCOURT’S JUDGEMENT IN THE PLEASE CALL ME CASE
Whilst the case may boil down to truth about a promise made concerning an idea, neither “copyright”, “patent”, “trademark”, “geographical indication”, “trade secret” and “design” or “intellectual property” are mentioned in the judgement..
|Download 40,8 Kb|
CORPORATE GOVERNANCE: A PATH TO SUSTAINABLE BUSINESS
COMPLIANCE PROMOTES SUSTAINABLE BUSINESSES SMME WORKSHOP
The value of IP and unlocking the collective benefits of compliance.
|Download 839 Kb|
Unpacking the argument of the SAMPRA “Mobile DJ (Featured music)” License
An argument has arisen recently by the attempt of a Collecting Society to make a DJ an interested party and responsible (under the Collecting Society’s view of the law) for purchasing from the Collecting Society of a “Mobile DJ (featured license)” in order for the DJ essentially to ply his or her trade, playing music to others.
|Download 294.2 Kb|
“Black Box 3”
Addressing and detailing the black box practice germane to musical and literary work royalty supply chain management systems in the context of the music and film industries, this paper addresses the role and definition of an ‘interested party’ in any work, and the practices that result in royalty income going into the black box, as opposed to the rightful owners.
“There is arguably one singular and primary reason for the continued sustainability of the black box practice and that is that the active archive of record database, of all works, CIS-Net by FastTrack, is held privately and subject to private limited and restricted access. See through the copyright prism of movable property rights and financial assets, CIS-Net by FastTrack allows for what must be one of the last bastions of unregulated financial markets, a database of 35+ million works that is inaccessible to governments, authors and copyright owners alike.”
|Download 256.4 Kb|
The Music Industry – A brief review” – The Matatiele Talent Workshops for Jaziel Music
The Music Industry – A brief review” – The Matatiele Talent Workshops for Jaziel Music at the Pyramid, Eloff St Ext, Village Deep Johannesburg Gauteng – 29th Oct 2013 – A workshop for those considering and involved in, a career in the music industry
|Download 33.8 Kb|
Response to SAMPRA
re the POSA Trust Communications to SAMPRA copied to SAMRO
|Download 150.2 Kb|
Draft National Policy on Intellectual Property, 2013
Response to Minister of Trade and Industry, Dr Rob Davies invitatsubmit written comment in respect of the IP Policy Document.
The focus of this comment relates in the main to copyright and related rights not addressed in the policy.
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Black Box 2
Royalty distribution practices at one CMO SAMRO concerning works where there is insufficient information.
Music Business Lecture
Cape Town International Jazz Festival
25th March 2011
Cape Town, South Africa
|Download 124.53 Kb|
Cape Judge President John Hlope’s call to Africanize law
Commentary in support by Dr. Graeme Gilfillan
17th July 2009
Johannesburg, South Africa
|Download 64.40 Kb|
Clarifying the history, roles, responsibilities and regulatory environments concerning collection societies in South Africa
Commentary motivated by “Report of the Meeting of the Deputy Minister Tobias-Pokolo with the music sector stakeholders 2010” with specific reference to Collecting Societies and to the need for intervention”.
|Download 144.55 Kb|
2010: Shake ‘n Wake in the music industry…..again!
Cape Town International Jazz Festival 2010
Music Business Lecture
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A lecture presented at University of Johannesburg (RAU) for the Entertainment Law Certificate course which provides a brief outline of Musical Copyright and exceptions thereto, as well as a brief exposition of the music industry in South Africa – collection societies, music commissioned or licensed for use in feature films, tv programmes, internet, mobile phones and other new media.
|Download 78.36 Kb|
Collective Management of Copyrights
A paper delivered for ARIPO (African Regional Intellectual Property Organisation), Harare, December 2006, which deals with the future challenges facing collection rights management (including digital rights) in the Southern African region.
|Download 26.38 Kb|
Identifying Pirated Materials
A paper delivered for ARIPO (African Regional Intellectual Property Organisation), Harare, December 2006, which deals with identifying pirated materials (CD, DVD and digital) including evidenciary and investigative techniques.
|Download 33.05 Kb|