How the Copyright Amendment Bill affects Music publishers

 
Music Publishers make money through licensing music copyright, and it is important to understand that Licensing can only exist within the framework of national laws and international Treaties.  Licensing is an offering from a RIGHTS HOLDER to a USER. Digital services such as Spotify and Google-owned YouTube, are examples users and music publishers are an example of rights holders.

The aim of any copyright laws should include a balancing act between the need of rights holders and users.

For many years now, laws in many territories around the world have tended to favour users, because of the desire for their economies to be progressive in the digital era, and not be ‘held back’ by ‘old fashioned’ notions of ownership. The focus is usually on access rather than ownership.  The most important digital services are owned by some of the biggest companies in the world, whereas the rights holders hold far less weight in the market. So, when laws favour the user, it makes it easier for users to pay less royalties through their license agreements and not have to worry as much about infringement of composers’ rights.

Digital services sometimes argue that copyright licensing limits creative expression, and limits access for consumers to the music they want to hear. But Rights holders have already licensed all the major, legitimate digital platforms, and users are legitimately able to access virtually anything! Therefore, copyright licensing is not the problem – rather the value of royalties flowing through these licenses is the problem. The more the laws favour the user, the easier it is to pay less to the rights holders.

However, things have started changing for the better! Legal reform across the world has started once again to favour rights holders, correcting a past imbalance. Digital services have to take more responsibility for the copyrights on their platforms.

Unfortunately, though, it seems, South African lawmakers did not get the memo!

South Africa desperately needs to update its copyright laws.  Our current laws are very old and they don’t actually cover streaming rights and they don’t protect authors properly in the new online world.  We all need urgent updates such as the “communication to the public” right.  However, the MPA SA believes that any new legislation should not come at the cost of reducing the rights of authors and rightsholders in the music industry and this is one of the major challenges we have with the provisions of the Bill.  Apart from some unfortunate, basic flaws in the bill such as an incorrect definition of royalties, our lawmakers have teamed up with big tech sponsored academics to make thing easier for users of copyright to avoid licensing.  Fair use is a broad exception to when users have to take a license from rights holders to use music. When a user uses a song, and claims ‘fair use’, the rights holder – which is sometimes the composer himself, must hire a lawyer and challenge the user, who is often a broadcaster or major production company.

Fortunately, the office of the President sent the Bill back to parliament because of serious potential constitutional issues.

Strangely, our parliamentarians did not use this opportunity to correct the bill and balance the rights of rights holders / authors and users. Parliament meets again soon to discuss the latest bill, which is still highly problematic for composers and rights holders. After that it goes to the provinces, who will consider it.

What can we do?

• A Social and Economic Impact Assessment should have been the first thing to have been done. We don’t have any objective research to point to, to show the impact the new laws might have on composer and music publishers.
• As creatives activists, it is your voice that has the power to impact change! We urge you to empower yourselves through information on the matter of Bill, and make your voice heard. Social media is a powerful tool for collective justice, use your voice!
• Follow the CCSA to get yourselves informed https://copyrightcoalition.co.za/ and watch out for updates on our website and socials!