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Southern African Music Rights Organisation

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80-620: The Southern African Music Rights Organisation ( SAMRO ), is a copyright asset management society. It was established by the South African Copyright Act, and aims to protect the intellectual property of music creators by licensing music users, collecting licence fees and distributing royalties to music creators. SAMRO represents more than 15,000 Southern African music composers , lyricists/authors and music publishers . The organisation administers performing rights . The Southern African Music Rights Organisation (name since 1974)

160-493: A backing dancer for artists including Brenda Fassie , Monwa & Son and Johnny Mokhali. In 1995 he released the first kwaito hit, "Kaffir", from his self-titled EP, which sold over 500,000 copies. Its lyrics discuss the new freedoms that emerged after the political changes of 1994, including the implementation of a new constitution and democratic election system. The title refers to a derogatory term used in South Africa as

240-546: A court case. After Cici posted images showing the injuries she sustained, widespread condemnation of Mafokate led to the cancellation of the 100MenMarch, a march to highlight gender based violence . Mafokate denied all allegations, and was found not guilty by Midrand Magistrate court in 2019. After his removal in 2018 as a board member, in 2019 the Southern African Music Rights Organisation (SAMRO) sued Mafokate for unlawful enrichment. According to

320-520: A direct approach to the infringing party in order to settle the dispute out of court. "... by 1978, the scope was expanded to apply to any 'expression' that has been 'fixed' in any medium, this protection granted automatically whether the maker wants it or not, no registration required." With older technology like paintings, books, phonographs, and film, it is generally not feasible for consumers to make copies on their own, so producers can simply require payment when transferring physical possession of

400-749: A fixed period, after which the copyright expired. It was "An Act for the Encouragement of Learning, by Vesting the Copies of Printed Books in the Authors or the Purchasers of such Copies, during the Times therein mentioned." The act also alluded to individual rights of the artist. It began, "Whereas Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing ... Books, and other Writings, without

480-586: A limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom. Some jurisdictions require "fixing" copyrighted works in

560-605: A mixer and sound engineer, he used the alias 'Mix Maestro'. Notable artists signed to 999 included Hip Hop Pantsula , Zombo , and Lira . Mafokate also presented the television show Ezimtoti in 2001. In 1998 Mafokate won the Song of the Year for his song 'Oyi Oyi' at the South African Music Awards (SAMA), the first artist to win this category as voted for by the public. He was recognised for his contribution to music at

640-497: A music producer and sound engineer for several popular South African artists. In the late 1980s and early 1990s, Mafokate was part of a trio called Out of Control, and a duo called Q-Face. He was also involved with the groups Heaven, Twin Prestige and Helela. In 1994, he established himself as a kwaito artist with the release of the album Windy Windy on CCP Records , with lead tracks "Ayaphanda" and "Where's The Bass". He became

720-482: A nation that has domestic copyright laws or adheres to a bilateral treaty or established international convention such as the Berne Convention or WIPO Copyright Treaty . Improper use of materials outside of legislation is deemed "unauthorized edition", not copyright infringement. Statistics regarding the effects of copyright infringement are difficult to determine. Studies have attempted to determine whether there

800-417: A product of an individual, with attendant rights. The most significant point is that patent and copyright laws support the expansion of the range of creative human activities that can be commodified. This parallels the ways in which capitalism led to the commodification of many aspects of social life that earlier had no monetary or economic value per se. Copyright has developed into a concept that has

880-450: A racial slur against black people. At the 2021 Mzansi Kwaito and House Music Awards, his single "Hlokoloza" received a nomination for Best Kwaito song. Over the course of his career, Mafokate introduced dance styles such as twalatsa and qopetsa. He founded his own record label, 999, alongside Joe Nina , and released the albums Blenda Fashion (1994) and Zama Zama Yo! (1995) under the name Bambezela, after which he went by Arthur. As

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960-565: A series of events, including the Builders' Awards, which recognised musicians, staff members and others who had contributed to the organisation over the years. David "Strike" Vilakazi , Princess Constance Magogo Ka Dinizulu Buthelezi , Mzilikazi Khumalo , Dorothy Masuka , and SAMRO founder Gideon Roos Snr were all recipients of the awards. In 2013, SAMRO launched the Wawela Music Awards to pay tribute to South African composers who have made

1040-437: A significant contribution on the international and local music scene. Mbongeni Ngema won the inaugural Recognition Award. It appears that the last awards were given in 2015. SAMRO continues to sponsor the "SAMRO Highest Airplay Composer Award" at the South African Music Awards . SAMRO has reciprocal agreements with 225 collecting societies in 150 countries allowing it to collect music royalties on behalf of its members around

1120-411: A significant effect on nearly every modern industry, including not just literary work, but also forms of creative work such as sound recordings , films , photographs , software , and architecture . Often seen as the first real copyright law, the 1709 British Statute of Anne gave authors and the publishers to whom they did chose to license their works, the right to publish the author's creations for

1200-412: A single word is insufficient to comprise a copyright work. However, single words or a short string of words can sometimes be registered as a trademark instead. Copyright law recognizes the right of an author based on whether the work actually is an original creation , rather than based on whether it is unique ; two authors may own copyright on two substantially identical works, if it is determined that

1280-468: A tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights normally include reproduction, control over derivative works , distribution, public performance , and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial rights". This means that copyrights granted by

1360-518: A tangible medium of expression" to obtain copyright protection. US law requires that the fixation be stable and permanent enough to be "perceived, reproduced or communicated for a period of more than transitory duration". Similarly, Canadian courts consider fixation to require that the work be "expressed to some extent at least in some material form, capable of identification and having a more or less permanent endurance". Note this provision of US law: c) Effect of Berne Convention.—No right or interest in

1440-599: A whole. A right to profit from the work has been the philosophical underpinning for much legislation extending the duration of copyright, to the life of the creator and beyond, to their heirs. Yet scholars like Lawrence Lessig have argued that copyright terms have been extended beyond the scope imagined by the Framers. Lessig refers to the Copyright Clause as the "Progress Clause" to emphasize the social dimension of intellectual property rights. The original length of copyright in

1520-610: A wide range of creative, intellectual, or artistic forms, or "works". Specifics vary by jurisdiction , but these can include poems , theses , fictional characters , plays and other literary works , motion pictures , choreography , musical compositions, sound recordings , paintings , drawings , sculptures , photographs , computer software , radio and television broadcasts , and industrial designs . Graphic designs and industrial designs may have separate or overlapping laws applied to them in some jurisdictions. Copyright does not cover ideas and information themselves, only

1600-472: A work eligible for protection under this title may be claimed by virtue of, or in reliance upon, the provisions of the Berne Convention, or the adherence of the United States thereto. Any rights in a work eligible for protection under this title that derive from this title, other Federal or State statutes, or the common law, shall not be expanded or reduced by virtue of, or in reliance upon, the provisions of

1680-495: A work must meet minimal standards of originality in order to qualify for copyright, and the copyright expires after a set period of time (some jurisdictions may allow this to be extended). Different countries impose different tests, although generally the requirements are low; in the United Kingdom there has to be some "skill, labour, and judgment" that has gone into it. In Australia and the United Kingdom it has been held that

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1760-476: Is a monetary loss for industries affected by copyright infringement by predicting what portion of pirated works would have been formally purchased if they had not been freely available. Other reports indicate that copyright infringement does not have an adverse effect on the entertainment industry, and can have a positive effect. In particular, a 2014 university study concluded that free music content, accessed on YouTube , does not necessarily hurt sales, instead has

1840-1006: Is associated with industry trade fairs and music showcases such as MIDEM in France and the World Music Expo ( WOMEX ), as well as with bodies such as the South African Music Export Council (SAMEX). In 2019 the Southern African Music Rights Organisation (SAMRO) sued a number of former executives for unlawful enrichment. According to the lawsuit, the members of the leadership of SAMRO overpaid themselves by more than R1.6 Million rand. Sipho Mabuse , Sibongile Khumalo , Loyiso Bala , Arthur Mafokate , Relebogile Mabotja , Gabi Le Roux , Jack Jeremiah Mnisi , Rowlin Naicker , Jordaan Niemand , John Edmond and Jeanne Zaidel-Rudolph were alleged to be implicated in

1920-595: The Copyright Law in United States , the Copyright Office concluded that many diverse aspects of the current moral rights patchwork – including copyright law's derivative work right, state moral rights statutes, and contract law – are generally working well and should not be changed. Further, the Office concludes that there is no need for the creation of a blanket moral rights statute at this time. However, there are aspects of

2000-615: The European Union require their member states to comply with them. All member states of the World Trade Organization are obliged to establish minimum levels of copyright protection. Nevertheless, important differences between the national regimes continue to exist. The original holder of the copyright may be the employer of the author rather than the author themself if the work is a " work for hire ". For example, in English law

2080-528: The Internet , creating a much bigger threat to producer revenue. Some have used digital rights management technology to restrict non-playback access through encryption and other means. Digital watermarks can be used to trace copies, deterring infringement with a more credible threat of legal consequences. Copy protection is used for both digital and pre-Internet electronic media. For a work to be considered to infringe upon copyright, its use must have occurred in

2160-609: The Middle Ages in Europe, there was generally a lack of any concept of literary property due to the general relations of production, the specific organization of literary production and the role of culture in society. The latter refers to the tendency of oral societies, such as that of Europe in the medieval period, to view knowledge as the product and expression of the collective, rather than to see it as individual property. However, with copyright laws, intellectual production comes to be seen as

2240-483: The RIAA are increasingly targeting the file sharing home Internet user. Thus far, however, most such cases against file sharers have been settled out of court. ( See Legal aspects of file sharing ) In most jurisdictions the copyright holder must bear the cost of enforcing copyright. This will usually involve engaging legal representation, administrative or court costs. In light of this, many copyright disputes are settled by

2320-709: The United International Bureaux for the Protection of Intellectual Property signed the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations . In 1996, this organization was succeeded by the founding of the World Intellectual Property Organization , which launched the 1996 WIPO Performances and Phonograms Treaty and the 2002 WIPO Copyright Treaty , which enacted greater restrictions on

2400-409: The 1976 Copyright Act to conform to most of the provisions of the Berne Convention. As a result, the use of copyright notices has become optional to claim copyright, because the Berne Convention makes copyright automatic. However, the lack of notice of copyright using these marks may have consequences in terms of reduced damages in an infringement lawsuit – using notices of this form may reduce

2480-472: The 2007 FNB South African Music Awards , and won the Lifetime Achievement Award at the 2016 South African Metro FM Music Awards . In 2017, the artist Cici , who was then Mafokate's partner and signed to his label, accused him of physical abuse during the time they were living together. Cici had a serious injury and had to be treated in a hospital. He was arrested and released on bail pending

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2560-446: The Berne Convention, or the adherence of the United States thereto. Before 1989, United States law required the use of a copyright notice, consisting of the copyright symbol (©, the letter C inside a circle; Unicode U+00A9 © COPYRIGHT SIGN ), the abbreviation "Copr.", or the word "Copyright", followed by the year of the first publication of the work and the name of the copyright holder. Several years may be noted if

2640-433: The Berne Convention. As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all intellectual property rights in the work, and to any derivative works unless and until the author explicitly disclaims them, or until the rights expires. The Berne Convention also resulted in foreign authors being treated equivalently to domestic authors, in any country signed onto

2720-604: The Consent of the Authors ;... to their very great Detriment, and too often to the Ruin of them and their Families:". A right to benefit financially from the work is articulated, and court rulings and legislation have recognized a right to control the work, such as ensuring that the integrity of it is preserved. An irrevocable right to be recognized as the work's creator appears in some countries' copyright laws. The Copyright Clause of

2800-523: The Copyright, Designs and Patents Act 1988 provides that if a copyrighted work is made by an employee in the course of that employment, the copyright is automatically owned by the employer which would be a "Work for Hire". Typically, the first owner of a copyright is the person who created the work i.e. the author . But when more than one person creates the work, then a case of joint authorship can be made provided some criteria are met. Copyright may apply to

2880-578: The Statute of Anne. While the national law protected authors' published works, authority was granted to the states to protect authors' unpublished works. The most recent major overhaul of copyright in the US, the 1976 Copyright Act , extended federal copyright to works as soon as they are created and "fixed", without requiring publication or registration. State law continues to apply to unpublished works that are not otherwise copyrighted by federal law. This act also changed

2960-652: The U.S. economy at least $ 29.2 billion in lost revenue each year." An August 2021 report by the Digital Citizens Alliance states that "online criminals who offer stolen movies, TV shows, games, and live events through websites and apps are reaping $ 1.34 billion in annual advertising revenues." This comes as a result of users visiting pirate websites who are then subjected to pirated content, malware, and fraud. According to World Intellectual Property Organisation , copyright protects two types of rights. Economic rights allow right owners to derive financial reward from

3040-521: The US moral rights patchwork that could be improved to the benefit of individual authors and the copyright system as a whole. Arthur Mafokate Arthur Mafokate (born 10 July 1969) is a South African kwaito musician and producer. In 1994, he released his debut album, Windy Windy , which included the hit "Amagents Ayaphanda". He became known as the "King of Kwaito" with many hit singles such as Oyi Oyi, Mnike, Twalatza, Zombo, Poppe Dans, Seven Phezulu & Sika Lekhekhe. Sello Arthur Mafokate

3120-524: The US. The Berne International Copyright Convention of 1886 finally provided protection for authors among the countries who signed the agreement, although the US did not join the Berne Convention until 1989. In the US, the Constitution grants Congress the right to establish copyright and patent laws. Shortly after the Constitution was passed, Congress enacted the Copyright Act of 1790 , modeling it after

3200-495: The Union to prescribe that works in general or any specified categories of works shall not be protected unless they have been fixed in some material form." Some countries do not require that a work be produced in a particular form to obtain copyright protection. For instance, Spain, France, and Australia do not require fixation for copyright protection. The United States and Canada, on the other hand, require that most works must be "fixed in

3280-634: The United States was 14 years, and it had to be explicitly applied for. If the author wished, they could apply for a second 14‑year monopoly grant, but after that the work entered the public domain , so it could be used and built upon by others. In many jurisdictions of the European continent, comparable legal concepts to copyright did exist from the 16th century on but did change under Napoleonic rule into another legal concept: authors' rights or creator's right laws, from French: droits d'auteur and German Urheberrecht . In many modern-day publications

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3360-515: The United States, Constitution (1787) authorized copyright legislation: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." That is, by guaranteeing them a period of time in which they alone could profit from their works, they would be enabled and encouraged to invest the time required to create them, and this would be good for society as

3440-452: The authors even after the authors have transferred their economic rights. In some EU countries, such as France, moral rights last indefinitely. In the UK, however, moral rights are finite. That is, the right of attribution and the right of integrity last only as long as the work is in copyright. When the copyright term comes to an end, so too do the moral rights in that work. This is just one reason why

3520-468: The authors even after the authors have transferred their economic rights. This means that even where, for example, a film producer or publisher owns the economic rights in a work, in many jurisdictions the individual author continues to have moral rights. Recently, as a part of the debates being held at the US Copyright Office on the question of inclusion of Moral Rights as a part of the framework of

3600-696: The calculation of copyright term from a fixed term (then a maximum of fifty-six years) to "life of the author plus 50 years". These changes brought the US closer to conformity with the Berne Convention, and in 1989 the United States further revised its copyright law and joined the Berne Convention officially. Copyright laws allow products of creative human activities, such as literary and artistic production, to be preferentially exploited and thus incentivized. Different cultural attitudes, social organizations, economic models and legal frameworks are seen to account for why copyright emerged in Europe and not, for example, in Asia. In

3680-454: The concepts throughout the years have been mingled globally, due to international treaties and contracts, distinct differences between jurisdictions continue to exist. Creator's law was enacted rather late in German speaking states and the economic historian Eckhard Höffner argues that the absence of possibilities to maintain copyright laws in all these states in the early 19th century, encouraged

3760-474: The convention. The UK signed the Berne Convention in 1887 but did not implement large parts of it until 100 years later with the passage of the Copyright, Designs and Patents Act 1988 . Specially, for educational and scientific research purposes, the Berne Convention provides the developing countries issue compulsory licenses for the translation or reproduction of copyrighted works within the limits prescribed by

3840-590: The convention. This was a special provision that had been added at the time of 1971 revision of the convention, because of the strong demands of the developing countries. The United States did not sign the Berne Convention until 1989. The United States and most Latin American countries instead entered into the Buenos Aires Convention in 1910, which required a copyright notice on the work (such as all rights reserved ), and permitted signatory nations to limit

3920-481: The copyright holder is entitled to enforce their exclusive rights. However, while registration is not needed to exercise copyright, in jurisdictions where the laws provide for registration, it serves as prima facie evidence of a valid copyright and enables the copyright holder to seek statutory damages and attorney's fees. (In the US, registering after an infringement only enables one to receive actual damages and lost profits.) A widely circulated strategy to avoid

4000-561: The copyright holder reserves, or holds for their own use was once required to assert copyright, but that phrase is now legally obsolete. Almost everything on the Internet has some sort of copyright attached to it. Whether these things are watermarked, signed, or have any other sort of indication of the copyright is a different story however. In 1989 the United States enacted the Berne Convention Implementation Act , amending

4080-477: The cost of copyright registration is referred to as the poor man's copyright . It proposes that the creator send the work to themself in a sealed envelope by registered mail, using the postmark to establish the date. This technique has not been recognized in any published opinions of the United States courts. The United States Copyright Office says the technique is not a substitute for actual registration. The United Kingdom Intellectual Property Office discusses

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4160-408: The creator dies, depending on the jurisdiction . Some countries require certain copyright formalities to establishing copyright, others recognize copyright in any completed work, without a formal registration. When the copyright of a work expires, it enters the public domain . The concept of copyright developed after the printing press came into use in Europe in the 15th and 16th centuries. It

4240-416: The duplication was coincidental, and neither was copied from the other. In all countries where the Berne Convention standards apply, copyright is automatic, and need not be obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape, or a computer file),

4320-517: The duration of copyrights to shorter and renewable terms. The Universal Copyright Convention was drafted in 1952 as another less demanding alternative to the Berne Convention, and ratified by nations such as the Soviet Union and developing nations. The regulations of the Berne Convention are incorporated into the World Trade Organization 's TRIPS agreement (1995), thus giving the Berne Convention effectively near-global application. In 1961,

4400-682: The exogenous differential introduction of author's right (Italian: diritto d’autore ) in Napoleonic Italy shows that "basic copyrights increased both the number and the quality of operas, measured by their popularity and durability". The 1886 Berne Convention first established recognition of authors' rights among sovereign nations , rather than merely bilaterally. Under the Berne Convention, protective rights for creative works do not have to be asserted or declared, as they are automatically in force at creation: an author need not "register" or "apply for" these protective rights in countries adhering to

4480-418: The form or manner in which they are expressed. For example, the copyright to a Mickey Mouse cartoon restricts others from making copies of the cartoon or creating derivative works based on Disney's particular anthropomorphic mouse, but does not prohibit the creation of other works about anthropomorphic mice in general, so long as they are different enough not to be judged copies of Disney's. Typically,

4560-504: The holder in a civil law court, but there are also criminal infringement statutes in some jurisdictions. While central registries are kept in some countries which aid in proving claims of ownership, registering does not necessarily prove ownership, nor does the fact of copying (even without permission) necessarily prove that copyright was infringed. Criminal sanctions are generally aimed at serious counterfeiting activity, but are now becoming more commonplace as copyright collectives such as

4640-634: The incomes of many academics. Printing brought profound social changes . The rise in literacy across Europe led to a dramatic increase in the demand for reading matter. Prices of reprints were low, so publications could be bought by poorer people, creating a mass audience. In German-language markets before the advent of copyright, technical materials, like popular fiction, were inexpensive and widely available; it has been suggested this contributed to Germany's industrial and economic success. The concept of copyright first developed in England . In reaction to

4720-420: The irregular expenditure. SAMRO would later become the centre of a scandal regarding the underpayment of royalties to artists, much of this taking place during this leadership's time working for the organisation. Copyright A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work , usually for

4800-416: The law of a certain state do not extend beyond the territory of that specific jurisdiction. Copyrights of this type vary by country; many countries, and sometimes a large group of countries, have made agreements with other countries on procedures applicable when works "cross" national borders or national rights are inconsistent. Typically, the public law duration of a copyright expires 50 to 100 years after

4880-403: The lawsuit, Mafokate and a number of other members of the leadership of SAMRO overpaid themselves by more than R1.6 million rand. Mafokate himself was allegedly irregularly overpaid by R84 000. SAMRO later become the centre of a scandal regarding the underpayment of royalties to artists, much of which took place during Mafokate's time working for the organisation. On 13 January 2023, Mafokate

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4960-487: The legally recognised rights and interests of others. Most copyright laws state that authors or other right owners have the right to authorise or prevent certain acts in relation to a work. Right owners can authorise or prohibit: Moral rights are concerned with the non-economic rights of a creator. They protect the creator's connection with a work as well as the integrity of the work. Moral rights are only accorded to individual authors and in many national laws they remain with

5040-429: The likelihood of a defense of "innocent infringement" being successful. In the UK, the publisher of a work automatically owns the copyright in the "typographical arrangement of a published work", i.e. its layout and general appearance as a published work. This copyright lasts for 25 years after the end of the year in which the edition containing that arrangement was first published. Copyrights are generally enforced by

5120-607: The moral rights regime within the UK is often regarded as weaker or inferior to the protection of moral rights in continental Europe and elsewhere in the world. The Berne Convention, in Article 6bis, requires its members to grant authors the following rights: These and other similar rights granted in national laws are generally known as the moral rights of authors. The Berne Convention requires these rights to be independent of authors' economic rights. Moral rights are only accorded to individual authors and in many national laws they remain with

5200-424: The owner's permission, often through a license. The owner's use of the property must, however, respect the legally recognised rights and interests of other members of society. So the owner of a copyright-protected work may decide how to use the work, and may prevent others from using it without permission. National laws usually grant copyright owners exclusive rights to allow third parties to use their works, subject to

5280-588: The potential to increase sales. According to the IP Commission Report the annual cost of intellectual property infringement to the US economy "continues to exceed $ 225 billion in counterfeit goods, pirated software, and theft of trade secrets and could be as high as $ 600 billion." A 2019 study sponsored by the US Chamber of Commerce Global Innovation Policy Center (GIPC), in partnership with NERA Economic Consulting "estimates that global online piracy costs

5360-826: The printing of "scandalous books and pamphlets", the English Parliament passed the Licensing of the Press Act 1662 , which required all intended publications to be registered with the government-approved Stationers' Company , giving the Stationers the right to regulate what material could be printed. The Statute of Anne , enacted in 1710 in England and Scotland, provided the first legislation to protect copyrights (but not authors' rights). The Copyright Act of 1814 extended more rights for authors but did not protect British from reprinting in

5440-440: The publishing of low-priced paperbacks for the masses. This was profitable for authors and led to a proliferation of books, enhanced knowledge, and was ultimately an important factor in the ascendency of Germany as a power during that century. After the introduction of creator's rights, German publishers started to follow English customs, in issuing only expensive book editions for wealthy customers. Empirical evidence derived from

5520-470: The same year, Strike Vilakazi , the composer of the anti-apartheid song Meadowlands became the first black member of SAMRO. On 1 May 2013, SAMRO converted from a company limited by guarantee (a corporate form no longer supported by the Companies Act 71 of 2008) to a non profit company, and now operates under the name of Southern African Music Rights Organisation NPC. In March 2014, SAMRO announced

5600-435: The storage medium. The equivalent for digital online content is a paywall . The introduction of the photocopier , cassette tape , and videotape made it easier for consumers to copy materials like books and music, but each time a copy was made, it lost some fidelity. Digital media like text, audio, video, and software (even when stored on physical media like compact discs and DVDs ) can be copied losslessly, and shared on

5680-408: The technique and notes that the technique (as well as commercial registries) does not constitute dispositive proof that the work is original or establish who created the work. The Berne Convention allows member countries to decide whether creative works must be "fixed" to enjoy copyright. Article 2, Section 2 of the Berne Convention states: "It shall be a matter for legislation in the countries of

5760-402: The terms copyright and authors' rights are being mixed, or used as translations, but in a juridical sense the legal concepts do essentially differ. Authors' rights are, generally speaking, from the start absolute property rights of an author of original work that one does not have to apply for. The law is automatically connecting an original work as intellectual property to its creator. Although

5840-531: The transfer of its mechanical rights licensing operation to CAPASSO (Composers Authors and Publishers Association), as recommended by the 2012 Copyright Review Commission Report. From 2008 until at least 2020, SAMRO sponsored the Lifetime Achievement Award in Music, in the Arts & Culture Trust (ACT) Awards. Past winners have included Johnny Clegg and Caiphus Semenya . In 2012, SAMRO commemorated its 50th anniversary with

5920-453: The use of technology to copy works in the nations that ratified it. The Trans-Pacific Partnership includes intellectual property provisions relating to copyright. Copyright laws and authors' right laws are standardized somewhat through these international conventions such as the Berne Convention and Universal Copyright Convention. These multilateral treaties have been ratified by nearly all countries, and international organizations such as

6000-459: The use of their works by others. Moral rights allow authors and creators to take certain actions to preserve and protect their link with their work. The author or creator may be the owner of the economic rights or those rights may be transferred to one or more copyright owners. Many countries do not allow the transfer of moral rights. With any kind of property, its owner may decide how it is to be used, and others can use it lawfully only if they have

6080-445: The work has gone through substantial revisions. The proper copyright notice for sound recordings of musical or other audio works is a sound recording copyright symbol (℗, the letter  P inside a circle, Unicode U+2117 ℗ SOUND RECORDING COPYRIGHT ), which indicates a sound recording copyright, with the letter  P indicating a " phonorecord ". In addition, the phrase All rights reserved which indicates that

6160-709: The world. SAMRO is a member of the Confédération Internationale des Sociétés d'Auteurs et Compositeurs (CISAC). SAMRO is involved in CISAC initiatives in Africa, including projects affiliated with the World Intellectual Property Organization (WIPO), and the United Nations Educational, Scientific and Cultural Organisation ( UNESCO ). SAMRO is also accredited with BIEM , an organisation co-ordinating statutory license agreements among different countries. SAMRO

6240-436: Was associated with a common law and rooted in the civil law system. The printing press made it much cheaper to produce works, but as there was initially no copyright law, anyone could buy or rent a press and print any text. Popular new works were immediately re- set and re-published by competitors, so printers needed a constant stream of new material. Fees paid to authors for new works were high, and significantly supplemented

6320-468: Was born on 10 July 1969. He is the son of Olympic equestrian and philanthropist Enos Mafokate and the brother of the late kwaito star Oupa Makhendlas Mafokate. He was born in Soweto, Gauteng Province , but his family later moved to Midrand. As a child, he took piano lessons, and had a keen interest in soccer, dance and music. Mafokate worked as a model, winning the title 'Mr Soweto' in 1992. He worked as

6400-697: Was formed in December 1961 under the chairmanship of Dr. Gideon Roos Senior, a former Director-General of the South African Broadcasting Corporation (SABC). SAMRO began operations in January 1962 with 40 South African composers and 13 music publishers, taking over from the UK royalty collecting society PRS . In June 1962, SAMRO was accepted as a member of the International Confederation of Societies of Authors and Composers (CISAC). In

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