TRIBUTE EDITION May 2010

New Copyright Laws Owen Dean & others explain Kippie Moeketsi Remembered Nkosi sikelel’ iAfrika Unleashing the Power of Song

Collins Chabane His Musical Journey Message from the CEO to ensure that the juristic form of simply: we propose a separate law companies limited by guarantee, an that is designed, from start to finish, to old but important form of a not-for- protect traditional knowledge. profit public company, is appropriately Furthermore, it is our contention that translated and/or accommodated in copyright legislation is fast becoming the new Companies Act. The effect of a “suitcase” of things that are loosely not having that done would have been related but are not necessarily a complete paralysis of entities such as coherent. Needless to say, that this kind eadership as a concept is SAMRO in that they would not have a of approach is dangerous in that the one of the most debated and legal mechanism to distribute income law, by its nature, has to be interpreted probably one of the most by way of royalties and other forms to as a whole and not as a conglomeration written-about subjects. Since their members. That would have gone Ltimewis for that reason that we have of stand-alone concepts and principles. to the heart of collective administration Forcing the protection of traditional dedicated this issue of SAMRO Notes as we know it. to celebrate the leadership success of knowledge into the existing copyright one of our own, the Minister in the Other examples of such active legislation, disjointed as it already is, is Presidency, Collins Chabane. engagement relate to the formulation likely to exacerbate the problem to an of the Performers’ Protection Act, as extent that the law will be difficult to Precisely because of this dedicated well as related amendments to the implement. issue and also due to the intense six- Copyright Act. We were also active It is out of this concern that SAMRO, day programme I recently attended participants in the formulation of together with other partners in the as a Fellow of the African Leadership the Music Industry Task Team (MITT) cultural business sector, continues to Initiative, a local chapter of the Aspen report. Global Leadership Network, the subject make passionate representations to the of leadership has been paramount in It is therefore not uncharacteristic for lawmakers to consider the effects of my mind. By virtue of its sheer size SAMRO to be actively engaged in the passing the Intellectual Property Laws and role, SAMRO plays an important current process of the Department of Amendment Bill into law. Trade and Industry (DTI) to formulate leadership role in the music industry is an exciting country legislation for the protection of and, to a lesser degree, in the copyright to live in. Even with its difficult past, it traditional or indigenous knowledge. industries in South Africa. There is remains a great place. The cherry on It is SAMRO’s firm belief that the no illusion among the organisation’s top, this year, is the FIFA Soccer World DTI is absolutely correct in seeking directors and management that Cup. Over and above all the socio- to legislatively protect communities SAMRO is alone in this leadership economic benefits associated with from which traditional knowledge space. We do, however, take this hosting the World Cup, nothing is more is derived. The protection of these responsibility seriously. important to the psyche of a nation works is long overdue. As you will see than being united towards a common It is for this reason that over the in the dedicated articles in this issue goal. Furthermore, to have all those years we have actively participated in of SAMRO Notes, we differ with the highly talented sportsmen concentrated and contributed to the formulation DTI on how this protection should be in one country creates an energy of its of various policies and legislation. A granted. Our position is that traditional own. As an organisation, we are proud recent example is our contribution to knowledge should be protected under to be part of this great nation that will the development of the Companies a sui generis legislative framework. Put Act (Act 71 of 2008). We sought be showcased to the world.

The SAMRO Notes Editorial Team

Christina Kennedy is an independent writer and at various magazines, radio stations and online editor with more than 16 years’ experience, who publications, before entering the freelance sphere. Concept, research and production management: specialises in arts journalism. Zweli Makgota is a business writer for the Business JT Communication Solutions Rami Nhlapo is a freelance researcher, writer and Times, and also contributes to other titles in the [email protected] journalist for online and print publications, and is Avusa stable such as the Sunday Times. www.jtcomms.co.za • 011 788 7631/2 part of the JT Comms team. Ilyana van Tonder is Manager: Reprographic 123 Buckingham Avenue, Craighall Nadia Neophytou is an arts and entertainment Licensing and Systems at DALRO. journalist for Primedia Broadcasting, which includes Laurel Pretorius is a freelance writer, specialising in Design & layout: African Graphix 94.7 and 702 Talk Radio. the entertainment and lifestyle arena. She’s in love No. 39 Fourth street, Houghton, 2198 Romy Titus is an experienced television, radio and with her city of residence, Jozi. Tel: 011 023 2864 print journalist, and is currently a prime-time news Other contributors to this issue: André Myburg, anchor and host of Weekend Live. Owen Dean, Nothando Hlatswayo, Tiisetsi Mkhuba, Zamanyuswa Nyuswa worked as a journalist André le Roux and Michael Levy. Cover picture: Courtesy of Suzy Bernstein 14 7

4 Contents The power of song: How music 4 lives on beyond the charts

Exclusive interview with 8 4 Minister in the Presidency Collins Chabane: The secret music weapon in the President’s Office

SA music celebrated in Cannes: 14 Relive all the excitement of the SA delegation at MIDEM 2010

Is your intellectual property 16 under threat? Experts Owen Dean, André Myburg and Nothando Migogo Hlatswayo break down the complex new IP Bill heading to Parliament

Music festivals: A behind-the- 22 scenes glimpse at this important revenue stream for artists

SAMRO-licensed venues: 24 Creating jobs for gigging musos THE POWER OF SONG How SA artists made a ‘Shout’ out song has the power to live on, often The musicians rallied a host of top even longer than its composer local artists – including Tasha Baxter, had originally intended. In South Watershed’s Craig Hinds, the Africa, copyright lasts as long as an Gospel Choir, Skwatta Kamp, HHP and artist lives and for a period of 50 Tamara Dey – to feature on the track yearsA after his or her death. and video. It forms part of the artist’s estate, which The song can be downloaded for R20 SAMRO may continue to administer a pop from www.shoutsa.com. The during that 50-year period on the heirs’ money raised from these downloads behalf, paying out the collected royalties goes into a fund that supports recognised in accordance with the artist’s wishes. crime-fighting initiatives. Internationally, Michael Jackson is one Danny explains how it happened: “We such artist whose estate will benefit paid a certain amount of money as a from the copyright held to his vast publishing royalty for the use of the collection of songs. song. It’s a standard agreement. But An example of a song continuing to it’s miniscule in terms of what we’re have life and relevance – and generate receiving from the downloads.” royalties for a good cause – beyond its original chart success is the pop anthem Interim chairman of the Shout ‘Shout’, which was a massive hit for UK Foundation, Yusuf Abramjee, said that duo Tears for Fears in 1985. support for the campaign – both locally and internationally – has been Today that classic song has been given “phenomenal and it is increasing by the new life by musicians such as Danny K day”. and Kabelo Mabalane, who have used it to kick-start an anti-crime campaign in In just two weeks since it was launched, honour of fellow musician Lucky Dube, the foundation had already recorded who was murdered in an attempted 30 000 downloads, while the video had hijacking in 2007. been viewed almost 29 000 times.

4 SAMRO Notes 2010 Support for the campaign has been growing across the social networks too – within the first three weeks, the Shout Facebook group had notched up 85 000 members. Not only do the downloads contribute towards the Shout Fund, but the song itself generates royalties that go towards the war on crime. This echoes what happened with the Haiti benefit song – the remake of ‘We Are the World’, another hit song from 1985. Retitled ‘We Are the World 25 for Pictures: Courtesy of Dino Lloyd Haiti’, the lyrics may have been changed and the music reworked, but the song is essentially the same. Lionel Richie and the late Michael Jackson wrote the original song, so they would have had to sign off on it being used. In Jackson’s case, his beneficiaries who are in control of his estate would have done that. The song’s new life helped raise much-needed money for earthquake victims – and continues to do so.

SA’s Nádine beats to World Peace Song award

South African singer/ Nádine recently took top honours at the World Peace Song Festival in Italy. THIS EUROVISION-STYLE ANNUAL CONTEST, which has been running since 1996, attracts entrants from all over the world. Nádine brought home first prize for her song ‘This Time I Know It’s For Real’. “I had just finished my morning German class and was on my way to get something to eat when I checked my Blackberry and saw the email from Europe,” a thrilled Nádine said. “It is such an honour for me to know that this very special song has touched people, especially when you consider that the judges came from many different countries.” Nádine scored the highest possible marks for her entry, against top international competitors such as England’s entry, Coldplay, and Ladyhawke from New Zealand. Her adult contemporary sound is accentuated by a flawless European flavour with the help of acclaimed songwriter/producer Nick Manic. The award-winning song has already been a hit on radio stations across South Africa, which has given Nádine great confidence as she looks forward to the release of her full- Nadine: From her personal archives From Nadine: length album later this year.

SAMRO Notes 2010 5 of four brothers who all were musically talented, the young Kippie took to the trumpet – but it was the saxophone that he eventually fell in love with. In his early years he could be heard in many a shebeen, and went on to play alongside young musos who are today counted among SA’s musical legends, like , Miriam Makeba, Abdullah Ibrahim and Jonas Gwangwa. Even Abigail Kubeka remembers when days were hip and Moeketsi was at the top of his tune, during the ‘King Kong’ musical’s touring days. But life was hard during the ’50s, ’60s and ’70s. restrictions stifled his talent and after the , many of his fellow musicians went into exile – but he chose to stay behind in South Africa. Sadly, he struggled to find his rhythm again, and died in 1983, aged just 58. However, “the sad man of jazz’s” legacy lived on through the iconic Kippies Jazz Club, which was shut down some years ago by the Development Agency REMEMBERING City of Joburg archives From Kippie Moeketsi: because of serious structural defects. Sipho “Hotstix” Mabuse says this closure killed the vibrant soul of the city. “Kippies was voted one of the top hundred jazz clubs in the world by ‘Downbeat KIPPIE MOEKETSI Magazine’,” he relates. “Many a great [South Cast in iron … his hat is In honour of a great man, a musical hero, African and international] musician found a teacher and a mentor to many, an iron joy in the space provided by this venue.” perched on his head and Kippie Moeketsi statue flanks the entrance to the refurbished Kippies heritage site, The revamped Kippies – with its striking his sax is flung over his statue contemplating passersby – will opposite the Market Theatre in Newtown, hopefully regain its past glory and shoulder, as if he were Johannesburg. remind visitors that jazz is not merely about to blow his audience Born Kippie Morolong Moeketsi, music was entertainment, but formed an integral away. undoubtedly in his DNA. The youngest part of the country’s song of freedom.

Will lower CD prices revive the music industry?

Digital music is fast becoming Music Group is taking the bold step albums at a higher cost for those the dominant force in the music of lowering the retail prices of its CD diehard fans willing to spend a little industry in terms of sales, and is also releases. extra. responsible for new, exciting artists Billboard magazine reports that being discovered on platforms such In an interview with Billboard, Universal will be regulating prices as YouTube. for its single discs and full-length Distribution In an attempt to stay relevant and albums. To counter the potential CEO Jim Urie is quoted as saying that competitive in a market where CD loss of earnings from CD sales, the the latest initiative will “bring new life sales are slowing, the Universal group will also produce more deluxe into the physical format”.

6 SAMRO Notes 2010 SA music takes on the The global decline in music sales has not stopped SAMRO members finding new markets for their work, and many are making major waves internationally. South African rock bands The Parlotones and BLK JKS, and band Tidal Waves, have already wowed their local fans. Now, they are extending their footprint to new audiences world and garnering a following as far afield as the United States and the United Kingdom.

The Parlotones: Tidal Waves: Courtesy of Courtesy of Tidal Waves’ Archives The The Parlotones’ Archives BLK Blk Jks: Courtesy of the Band Tidal Parlotones JKS Waves For the last seven years, The From the start, this band from Tidal Waves have added a different Parlotones have dominated the local music Johannesburg has grabbed the attention of twist to reggae music, with influences of scene with their music and in their other audiences. maskandi, kwela, boeremusiek, mbaqanga brand extensions, and have made serious Their initial hook or novelty factor and ska rock performed in English, inroads into overseas markets. was: “Hayi, it’s a bunch of black kids Afrikaans, Setswana and Tshivenda. Their shows in the UK began as word- playing – you don’t see that It’s this unique reggae mix that has seen every day!” Such comments were not of-mouth advertisements, pulling double this four-piece band win over audiences uncommon in reports about the BLK JKS, the capacity of their venues, and have only at the MIDEM concert in France, stun but over the years these four young chaps the Italians and encourage supporters continued to grow. have proved they’re not imitators but to willingly trudge up the hills at the The band’s popularity has earned them innovators. Oppikoppi festivals to cheer them on deals including being named the official They have created a niche sound and have breathlessly during their set. ambassador for Sky Sports for the 2010 spent most of the past two years touring Soccer World Cup, being chosen by a around Europe, the US and Canada. Their Their waves have been surfed by major German TV network to do the performances have resulted in them reggae fanatics in Mozambique, New soundtrack for its football coverage and signing a record deal with a US-based Zealand, Swaziland, the Seychelles and global food brand KFC having them appear called Secretly Canadian. Belgium. Europe is definitely part of this movement, having repeatedly hosted as part of its advertising campaigns. They have returned home with a plan to Tidal Waves at festivals such as Mano make their sound blast through everyone’s They have set a new benchmark for Mundo and Pukkelpop. success for a South African rock outfit, sound systems – but they will not be here with platinum-selling albums and a top- long before heading to France. As reaffirmation of their international selling wine brand. BLK JKS lead guitarist Mpumi Mcata says, strength, Tidal Waves will be performing “It’s going to be great representing South at the Africa Festival taking place in The Parlotones were also chosen to be Africa alongside Tumi and the Volume!” Würzburg, Germany in May 2010, while part of the first Live Earth show and BLK JKS have also been included in the organisers of the SXSW Festival and participated in this year’s concert. Lead lineup for the FIFA 2010 Soccer World Music Conference in Texas, USA are also singer Khan Morbee explains, “It’s a concept Cup concert, alongside international interested in riding this irresistible wave. close to our hearts and we are very proud acts as well as The Parlotones and Vusi More than 10 years since they started to be associated with it.” Mahlasela – and stand to score from this out in the small town of Klerksdorp, the valuable global exposure. Having triumphed at the MK Music Awards, multicultural outfit dubbed “the hardest- the band also walked away with two In April, they cemented a year of working reggae band in South Africa” SAMAs - for best video and best English incredible success with a South African continues to enthrall audiences with rock album - this year. Music Award for best English alternative their original sound and “irie” vibes. album. SAMRO Notes 2010 7 Courtesy of Suzy Bernstein

The musical journey of Collins Chabane Minister Collins Chabane, a SAMRO member, speaks to SAMRO NOTES about his rich music- making past

veryone knows that himself gravitating towards a group of accomplished on the harmonica and the singing comes naturally to prisoners who were musically inclined. guitar. David Mosie was fantastic on the President ; yet saxophone. These guys formed part of “, between 1985 and he has never, like one of his a broad range of political prisoners and 1990, brought me into contact with Cabinet ministers, Collins comrades who had the talent to play multi-talented artists who played Chabane, sought to cut an and bring the rich South African musical various instruments,” recalls Chabane, album or lead a band, for legacy into the often hard life of the who is today Minister in the Presidency, that matter. Very few people know it, island,” says Chabane. E tasked with performance monitoring, but singing – and professional music- making, in Chabane’s case – is a passion evaluation and administration. “There On his release in 1990, Chabane shared by the two leaders. were guitarists, keyboardists and worked in the ANC and was central saxophonists. The harmonica was the to the rebuilding of the movement Chabane (50) was born in the village of first instrument I learnt to play.” Thanks in what is now the Limpopo region. Xikundu, in Limpopo, where music was to the efforts of organisations like the “I remember seeing Jonas Gwangwa the palm oil with which the days were Red Cross, prisoners had access to perform on the ‘Amandla’ tour when eaten. It was not surprising, therefore, numerous musical instruments. I was in exile in so many countries that when he found himself incarcerated around the world before I was on Robben Island 25 years ago for his “My comrades James Manganyi, Ronnie Mabone and Whitey Yengeni were all imprisoned. And I remember wondering political activism, Chabane quickly found if I would ever see a liberated South

8 SAMRO Notes 2010 Courtesy of Suzy Bernstein Courtesy of Tanya Coetzer (manager of Movement) Coetzer Tanya Courtesy of Courtesy of Tanya Coetzer (manager of Movement) Coetzer Tanya Courtesy of Courtesy of Tanya Coetzer (manager of Movement) Coetzer Tanya Courtesy of

Africa. I just never thought that I would employers globally, and Chabane feels Hugh Masekela, Blondie Makhene, Don come back to help build structures and that South Africa should be engaging the Laka and so many musicians who have engage in the corridors of Parliament as local industry more to realise the full influenced my musical journey.” an official,” he says. job-creation potential from recording, distribution, marketing, composition, Chabane adds: “My life is always in the Although he often relaxed by playing artist management, sound engineering ANC; it’s where I grew up and my his harmonica, when he found the and more. deployment in the Presidency makes it time he linked up with Zimbabwean really difficult to juggle my time to allow mbira player Thomas Mapfumo, who “Knowledge is power and collective Movement, the band that I lead, to come also taught him to play the mbira (or organisation is a winner,” he states. thumb ). “We came together as “Musicians should make it their mission together frequently.” session musicians and, as a natural fusion, to understand and empower themselves Because he is a musician, Chabane formed the band Movement,” he relates. to access opportunities and master how does concede that at times he is under The inspiration behind the band was the industry works – from composing pressure to highlight and champion to integrate the chiShona, xiTsonga to producing the music, distribution, industry issues. Little wonder, then, that and tshiVenda cultures and showcase finding new markets and understanding from time to time he engages with traditional instruments like the timbila rights administration. (a percussion instrument from the the Minister of Arts and Culture. “I xylophone family), mbira and hosho “They must also learn the power of can’t divorce myself from the industry, (gourd-like percussion instruments perseverance, because ultimately, they but with a hectic programme like the containing seeds). contribute to the shaping of how one I have, it’s not always possible to society thinks and acts. Musicians, then, intervene. “I was formally employed in the ANC have a big role to play in the shaping of and could financially sustain my family’s society and its morals. It’s also important “The good news, though, is that I needs. However, the driving motivation to understand current issues on how have now started playing again and for the band coming together was society is developing to ensure their composing new songs. I am also that it offered my colleagues jobs in an musical contribution brings about social exploring new sounds and new organised structure,” he explains. cohesion. I listen to the radio whenever approaches to composing.” Now, that’s The music industry is one of the biggest I can; it’s how I keep abreast with music to our ears!

SAMRO Notes 2010 9 THE DRAMATIC, prescribed texts that are supplied to NEW PIC (SAMRO) ARTISTIC AND LITERARY students. RIGHTS ORGANISATION Through its various licensing activities, (DALRO) is a multi-purpose DALRO has forged strong relationships collective licensing society and wholly- with local authors and publishers and, owned subsidiary of SAMRO. internationally, with theatrical rights holders, licensing agencies and publishers. Incorporated in 1967, DALRO initially focused on licensing public performance With assistance from the SAMRO rights in dramatic and literary works. This Endowment for the National Arts, DALRO included amateur and professional stage sponsors various scholarships and prizes. productions of plays, musicals and poetry, The most notable of these are the Guy as well as radio and television broadcasts Butler Research Awards in postgraduate of dramatic and literary works. English literary research and the DALRO Poetry Prizes awarded for the best In the mid-1990s, heeding the call of contributions to ‘New Coin’. international bodies, operations expanded to include reprographic reproduction DALRO recently formed a strategic

John Kani: From JT Communication Solutions Archives Solutions JT Communication From John Kani: rights. partnership with the Arts and Culture Trust (ACT), resulting in the sponsorship Simply put, reprographic reproduction of the ACT/DALRO Performing Arts involves the making of photocopies of Scholarship and the ACT/DALRO Lifetime INTRODUCING extracts of copyright-protected printed Achievement Award for Theatre, which works. This has since become the was presented to Dr John Kani (pictured) dominant part of DALRO’s operations. in 2009. In this sphere, the focus is on providing With its proud history of over 40 years higher education institutions with licences of creating access to copyright-protected to make legal copies of extracts from works, DALRO will be expanding its books and of scholarly journal articles. operations to new market sectors in the DALRO These copies serve to supplement the future. royalties, even if they perform songs that Performers get they have not composed. Needletime royalties are paid to music performers, instrumentalists, their place in the sun vocalists, backing singers and record companies for the public performance (including broadcast) of their recorded performances. The royalties paid to performers are as a result of the licence fees collected by an accredited representative of the rights holders when recorded music is played in public or broadcast. Nkabinde says the board has been established at a crucial time in South Africa’s music industry. “Many recording session musicians in SA have been getting more and more discouraged over the

POSA Board: From POSA Archives POSA From POSA Board: years, because of not seeing rewards he Performers Organisation CEO Nicholas Motsatse and Executive from the efforts they make to help of South Africa (POSA) Trust Trustee Pfanani Lishivha (all pictured). create successful musicians and big stars by performing on their recordings. POSA has been specifically set up As a Non-Executive Director of the has therefore come at a time when a Tto administer Needletime SAMRO Board, Coenie de Villiers has system that could address that problem rights on behalf of SAMRO Needletime also been elected to the POSA Board. is so desperately needed.” members. Lishivha, POSA’s Executive General Nkabinde warns that performers will The 11-member Board of Trustees Manager and Executive Trustee, says still need to do administrative work to includes musicians POSA’s main objective is to ensure ensure they get their dues but adds that (Chairperson), Judith Sephuma, Concord performers reap the full rewards of their overall, it is encouraging to know that Nkabinde, Ernie Smith, Tina Schouw and work. Needletime allows performers backing musicians in particular will now Helena Hettema, as well as SAMRO such as singers and musicians to earn be rewarded for their hard work.

10 SAMRO Notes 2010 From hairbrush mic to international glory Music was introduced to Vanessa Moodley in the church pews. And so this talented young girl set out to perform and sing, like most Sunday School-goers, in front of the congregation at various talent shows and concerts.

At home the youngster used her hair brush as a mic and sang along to the likes of Elvis Presley, Mariah Carey and Whitney Houston. Years on, the evolution of her art has seen Moodley performing on some of the

greatest stages in the world. The crowning her personal archives From Moodley: Vanessa achievement in her short career thus far was being named the 2009 winner of the jazz category in the 14th annual USA Moodley won the Sound of Music CD From Sunday school singer to sultry Songwriting Competition – the world’s Competition held by a local shopping songstress, Moodley enjoys the leading international songwriting event – for mall in Durban, with a local band, and eclectic sounds of Afro-fusion and her composition ‘Your Eyes’. her sound has been shaped by artists she was rated as one of the top 10 She aced her Bachelor of Music studies such as Siphokazi, Zamajobe, Sweet vocalists at the Standard Bank Jazz Concept, Themba Mkhize and Andile at the University of KwaZulu-Natal, from Festival held in Grahamstown. which she graduated in 2008 with honours Mseleku. in jazz performance, composition and Her performance in the ‘Hot Chocolate’ Her recent US triumph has inspired arranging. Motown show produced by the her to move forward confidently, and During this time, she sang on stage with Barnyard Theatres was a hit, and the the sky is certainly the limit for this musicians from around the world. In 2006, press went to town about her talent. bright young music talent.

well as on Apple iPhones and phones Internet music store expands into the US with the Android and or Symbian operating systems. Europe’s largest online music website, Spotify already has seven million users in Spotify’s move to extend its online Spotify will begin operating in the United Europe. The site’s senior vice president, music sales store follows reports that States later this year once talks with a US Paul Brown, says the partnership could online music sales contributed to 27% internet-based mobile service provider are see an application being available on of the revenue made by major record complete. select Blackberrys and Smartphones, as companies last year.

SAMRO Notes 2010 11 SAMRO’S SALES DIVISION HAS BEEN RUNNING WORKSHOPS TO HELP DJs LEARN ABOUT THE LICENSING SAMRO PROCESS. “Firstly, we inform them of DJ Black Coffee: James Mathibeng DJ Black Coffee: the rights they are dealing with, in terms of the musical work and the content of the Copyright Act (Act 98 of 1978) that hits the deals with the public performance of a musical work,” explains Regional Sales decks to Manager Alan Gustafson. “An application form gets completed and the fees are explained. We also speak educate about the importance of a playlist being filled out and returned to SAMRO, in order for members to get their correct payment. In this way, SAMRO keeps a DJs record of whose musical work was used SAMRO’S SALES DIVISION HAS BEEN ON AN EDUCATION and what it was.” DRIVE TO HELP MAKE ITS MEMBERS – AND THE PUBLIC – MORE AWARE OF THE ORGANISATION’S ROLE IN THE Gustafson says that it is campus DJs MUSIC INDUSTRY. that use the majority of South African SAMRO members’ musical works. “They NEW SOUND The broadcaster’s role ENGINEERING New COURSE in the SAMRO mix Prosound, one of South Africa’s leading sound equipment hire companies, course As radio stations are important players in the collective recently launched an innovative new admnistration process, SAMRO continuously strives to make sure course in sound engineering. that they know their role in the process of licensing. for music THE COURSE IS TAILOR-MADE to help up-and-coming sound engineers take SAMRO’s Manager: Broadcasting and Online Transmissions, their musical game to the next level. It also Keitumetse Setshedi, says that before broadcasters begin aims to broaden the pool of female sound publishers operating, SAMRO contacts the station and meets or engineers in this male-dominated field. It covers the basics of sound theory, sound communicates with the relevant people such as the station systems, and the setting up of stages and manager, programme manager and music compilers. bands. According to Prosound, this course may be The type of radio station will determine the licensing of special interest to churches and schools, regulations the broadcaster needs to adhere to. A commercial which often rely on volunteers with little training to operate their sound systems and station like KFM will have a deal with SAMRO that is based mix their live sound. on the extent of its music usage. A community station like “The aim is to get people who are on the Bush Radio has different needs and so, according to Setshedi, peripheries of doing sound, who have been thrown into the deep end, to understand their SAMRO is working on finalising a new tariff structure based on equipment better and to get the maximum listenership. out of the equipment that they have,” said Martin Thomas, Prosound manager. From that point, she says: “We then educate them about things The four-week course is run by Izan Greyling, like copyright law implications, the role of SAMRO, the role of a well-known local sound engineer with a Masters in music technology. He has worked a broadcaster within the framework, the obligations of the on several local theatre productions, festivals broadcaster, and the importance of usage information (playlists and events. and cue sheets) and then introduce a relevant account executive For more information, go to responsible for that broadcaster.” www.prosound.co.za After this, SAMRO visits the stations to educate new staff members and, if necessary, sets up workshops in different areas to provide any extra training needed.

12 SAMRO Notes 2010 need to understand that this is our He adds that DJs are at an advantage members’ intellectual property that they because of the medium in which they are using and that a fee needs to be paid work. “They can spread the word and to use that music. Our members can help educate the public, as well as other then receive their rightful royalties due to users of a musical work in a public place them.” (like up-and-coming DJs), about what the James Mathibeng Christos: law of the country has to say about the He says there are certain misconceptions public performance of music. that need to be addressed. “Some people think, ‘I bought the CD, so “We can explain the steps that they have I’m allowed to play it wherever and to take to get themselves legal in order whenever I can’ – and that needs to be to operate their own companies as DJs, corrected.” and how they must go about getting a licence.” This, he says, is done by drawing the DJs’ attention to the fact that on every CD Gustafson emphasises how vital this and CD cover the following is printed: is to protect the rights of SAMRO “All rights of the producer and the owner members and how their music is used: of the work produced [are] reserved. “For SAMRO, it is important to get the Copying, public performance and hiring message out there on the level at which out directly or indirectly of this recording the DJs operate – in other words, at is prohibited.” grassroots level.” New course Hush Naidoo Picture: for music publishers AMRO has launched a new who are already involved in music offers five bursaries per course. course, “Business Principles publishing with skills that will make of Songwriting and Music them competitive and help them excel The presenter and facilitator of Publishing”, in partnership with in this field. the course is Jonathan Shaw, who Wits University. combines practical knowledge of the S “As content, especially creative content The part-time certificate course, which music business with a solid academic began in February, is designed for such as music, continues to become king background. independent music publishers and in the digital arena, this course will place those wishing to develop a career South African music publishers on par The next intake for the Business in music publishing. It is aimed at with their counterparts elsewhere in the Principles of Songwriting and Music developing skills and business know- world,” said Motsatse. Publishing short evening course is in how in that particular field. The course is set to run twice a year, as July. For more information, e-mail SAMRO CEO Nicholas Motsatse said the part of SAMRO’s commitment to drive [email protected], course was developed after SAMRO music education and development. phone (011) 717-9500/3 or visit the identified a need to equip those In addition, for its members, SAMRO Wits Plus office. Get a music The University of Southern Mississippi in America has introduced a new course called the Online Music Education degree, taught over the internet. degree Assistant professor of music education Dr Jennifer Shank said the course takes two-and-a-half years to complete. online For more information, visit http://www.usm.edu/musiced SAMRO Notes 2010 13 MIDEM

SA music gets standing or the first time in South Africa’s history, Mzansi was the country of honour at the 2010 annual MIDEM F conference in France, held in January. The international music trade fair is a massive networking session that connects musicians from all over the world. This year, it featured numerous live performances under the theme ‘South Africa at MIDEM 2010: Celebrating Africa’s Music’. Flying the flag high for South African music at MIDEM in Cannes were hotshot urban act Jozi, platinum pop outfit The Parlotones, South African Music Award-winner Lira, critically

SA@2010 MIDEM: All photos by James Mathibeng

14 SAMRO Notes 2010 2 1

ovation at MIDEM acclaimed hip-hop act ZuluBoy, magical diva , Ndebele star Nothembi, SAMA-winning flautist Wouter Kellerman, live favourite Tidal Waves, charismatic Kurt Darren, and the Maletangwao Cultural Troupe.

Lira described South Africa’s pride of place at MIDEM as a rare opportunity for the country: “As a musician, one rarely has the opportunity to be part of two major global focus points in one year. Our country is being honoured both culturally and sportingly in 2010. This is possibly the most important year for Africa in the history of the modern world – my intentions are to soar on this world stage.”

SAMRO Notes 2010 15 he Department of Trade and Industry (DTI) proposes placing before Parliament a Bill to T amend the intellectual property statutes, and more particularly the Trade Marks Act, Copyright Act, Designs Act and Performers Protection Act, so as to introduce protection for so-called “traditional knowledge” into these Acts as a form of intellectual property.

“Traditional knowledge” for these purposes means traditional works such as indigenous artworks (e.g. bushman paintings), tribal legends, indigenous songs and the like. Let me at the outset pin my colours to the mast and, with apologies to William Shakespeare and Mark Anthony, say outright that I come to bury the Bill, not to praise it.

THE ESSENCE OF INTELLECTUAL PROPERTY Owen Dean: Courtesy of Spoor & Fisher Owen Dean: Intellectual property has an underlying philosophy. When an individual creates something new or original, he or she is given a qualified monopoly in the use of this creation for a limited period. During this period, he/she can exploit it commercially. At the conclusion of the period of protection, the work passes into the public domain and is free A DIFFERENT for use and exploitation by all. In this way, the creative person derives a reward for his/her creativity. In return, in due course, he/she bequeaths the creation to the world, thus benefiting society as a whole.

Traditional knowledge, on the other hand, BALL GAME? has an entirely different makeup. In the main, the cultural expressions have been around since time immemorial and Intellectual property authority it is uncertain which individual(s) created them. Such works are presently in the public domain. What is now, however, Dr Owen Dean writes for SAMRO Notes, sought to be achieved is to take works out of the public domain, and give them questioning the logic and constitutionality of protection in the form of a monopoly of use for an unlimited period. In other words, the intent of protecting traditional the mooted new Intellectual Property Laws knowledge is precisely the opposite of the system for protecting intellectual Amendment Bill property.

16 SAMRO Notes 2010 ADDRESSING THE PROBLEM At present, rugby and soccer each has and, indeed, downright absurdities. its own sporting code, administration, This is particularly true of those parts The Bill has attracted considerable of it which amend the Copyright and adverse criticism, particularly in organisations and rules. One might Performers’ Protection Acts. The Bill is intellectual property circles. Judge argue, however, that given the significant challengeable on these grounds alone. Louis Harms, the Vice-President of the common features of the games, the two Supreme Court of Appeal and an expert sporting codes should be combined, thus in IP law, has stated: “The proposals are rationalising administration, decreasing Moreover, one cannot help but wonder fundamentally flawed and will not lead to costs and generally promoting unity of whether the “communities” that the Bill any material benefit to any community purpose. Should the games be unified apparently seeks to benefit know that in South Africa; they will not make the and a single set of rules be produced, the rights granted to them with the one country technologically or otherwise obviously provision will have to be made hand are immediately taken away and rich; and they will protect little (if any) for the extent to which rugby differs given with the other hand to the State. indigenous knowledge.” from soccer – such as the “handball rule”, The only “compensation” would be that it may be possible for them at some kicking goals and the shape of the ball. I have added my two cents’ worth in a time in the indefinite future to benefit by means of the State’s largesse. letter published in the May edition of So, what will emerge from this process ‘De Rebus’, the journal of the attorneys’ is a set of rules for the game of soccer BURY THE BILL profession, by saying that the attempt which have been adjusted so as also to to clothe traditional knowledge in cater for the game of rugby. This will be The constitutionality of the Bill is intellectual property statutes done by means of creating exceptions seriously questionable, and, if it is passed to the relevant rules of soccer. This may, in its present form, it is likely to be “can be viewed of course, give rise to tricky issues of referred to the Constitutional Court to as dressing interpretation of the rules and confusion. be declared invalid. something in BACK IN THE REAL It is simply not practical, theoretically WORLD... sound, nor compatible with common clothes which sense for traditional knowledge to be Really! No-one in their right mind would regarded as a species of intellectual were not designed contemplate doing what I have described. property. They are, in essence, significantly for it, thus making It makes no sense whatsoever. different animals. for an extremely I come back now to the Bill. Applying my The way forward for protecting analogy, one can regard the intellectual traditional knowledge, like in the case uncomfortable property statutes as being the equivalent of rugby, is to have its own separate of the rules of soccer, and the provisions customised set of rules, which may have fit”. of the Bill as being the changes that some similarity to intellectual property would have to be made to the rules of legislation. This is what intellectual The trouble with us intellectual property soccer to cater for the introduction of property practitioners in South Africa types is that lay persons do not really rugby as a species of soccer into those are saying about protecting traditional understand our different language. rules. knowledge (a laudable objective), and Consequently, it is useful to use an what legal thinkers on the subject of analogy, in this case with soccer and Perhaps now the reader can appreciate traditional knowledge throughout the rugby. why the intellectual property fraternity world are saying. is up in arms about the prospect of CHANGING THE RULES having rules pertaining to traditional Only in South Africa does the DTI want FOR CONVENIENCE’S SAKE knowledge, a totally different ball game, to do the equivalent of integrating rugby The games of rugby and soccer have being integrated into the intellectual into the game of soccer. For pity’s sake, several common features. They are property statutes. It makes as little sense no! The Bill must be buried and new played on the same fields, the fields for the Bill to pass through into law as custom-made legislation with a similar have a goal line at each end, there are it would for the rules of soccer to be objective must arise in its place. two teams, the game is controlled by a amended to allow for the incorporation To continue the conversation on the IP referee by means of blowing a whistle, a of the rules of rugby. The Bill is riddled Bill refer to www.samro.org.za or join leather ball is used, and so on. with inconsistencies and anomalies us on our facebook page.

SAMRO Notes 2010 17 New copyright law ‘will harm the artists it claims to protect’ André Myburg, a South African copyright lawyer based in Switzerland, speaks out about the draft intellectual property legislation

A proposed new law, called the Intellectual Property Laws Amendment Bill, is expected to be introduced to Parliament in 2010. This new law, if passed, will change the ownership rights to music with a South African indigenous traditional background created or performed by artists in South Africa.

The new law will provide for a new kind of copyright work, called a traditional work. A traditional work could be a song If the work is original, the copyright the original tradition on which a claim for or a melody, or a story, poem, painting usually first belongs to the composer. recognition would be based. or sculpture, which any indigenous The composer can make his own income community in South Africa recognises from the song by performing it himself, Once a musical work is classified as a as having its indigenous origin and or he can get a royalty from record sales. traditional work and its copyright belongs traditional character in that community. to the national trust fund, it may only For example, this would be the case Under the proposed be performed freely by members of the if such a song has been sung by that new law, if an indigenous indigenous community so long as it is not community as part of its tradition. community living in South for commercial benefit. The copyright in a traditional work Africa recognises the song But if the performer is a member of will be held by a national trust fund or melody as its own, then the indigenous community and he or administered by the Government, no it will be classified as a she performs the work in public for matter who its author is. traditional work, and the commercial benefit, he has to pay a royalty to the national trust fund. Many South African music composers copyright in that traditional find the inspiration for their works in the work will be owned by the If the performer is not a member of the country’s rich musical traditions. Until national trust fund. indigenous community laying claim to now, when a song or melody is made the work, it is not entirely clear whether in a certain tradition, and even draws The draft legislation does not say how he or she can only perform or record on existing folk songs, the composer is one identifies indigenous communities or the work with the permission of that regarded as the author of the musical their representatives. In addition, there is community, or whether the performer work. no mechanism to prove the existence of will only be liable to pay a royalty.

18 SAMRO Notes 2010 SAMRO fights for members’ intellectual property rights

The Minister of Trade and Industry published the draft Intellectual Property Laws Amendment Bill and policy framework in the Government Gazette on 5 May 2008.

The closing date for public comment has unfortunately passed, but SAMRO – in addition to several other parties that object to the proposed law – has been engaging with Government and will continue to engage while the legislation is still in draft form. SAMRO strongly

Nothembi: James Mathibeng believes that the proposed legislation will not be in the best interests of its The national trust fund has to apply the SAMRO and many other organisations members (see related articles in this royalty income for the benefit of the have engaged Government on the section). community from which the traditional proposed introduction of this Bill for The IP Bill is expected to be work originated. the past two years. Many parties who object to the Bill support protection introduced in the National Assembly The amended law will, in SAMRO’s of traditional culture against unfair sometime this year, where it will be view, create uncertainty about copyright exploitation. SAMRO has, together with debated and voted on. ownership in compositions of works other rights organisations, made specific based on indigenous traditional culture. It alternative proposals which do not affect As long as the legislation is still a Bill, could also result in performers of those the nature or ownership of copyright. there is a chance it can be changed works losing part of their income. However, up to the date of writing, none or referred back to the relevant of these submissions have brought about In addition, it will expose composers to committees for reworking or further any changes to the proposed Bill. the possibility of claims from indigenous research. However, once it gets the communities and people claiming to SAMRO will engage with Parliament, majority of votes from Members of represent them, which will be all the if the Bill is introduced, to find an Parliament and is signed into law by more serious if a number of communities alternative to this ill-advised legislation. the President, the amendments will have the same tradition. To continue the conversation come into effect. The Bill is, unfortunately, full of on the Bill refer to inconsistencies and it has further Make sure you visit www.samro.org. significant consequences for copyright www.samro.org.za or join us za to get the latest news on the IP owners and their collecting societies. on our facebook page Bill and how it will affect YOU.

SAMRO Notes 2010 19 that our own government is intent on passing legislation that, despite its purported intent, has the effect of putting the likes of Mutwa and Mhlophe out of business. The new Intellectual Property Laws Amendment Bill, which the Department of Trade and Industry aims to introduce to Parliament in 2010, claims that one of its objectives is to empower communities to commercialise their indigenous knowledge, referred to as traditional works. This is both a welcome and exciting prospect. Strangely enough, however, this Bill will have the effect of making it illegal for Mutwa, Mhlophe or any of their colleagues to share traditional stories in published books without facing reams of red tape. Firstly, the author would now need to secure the permission of the indigenous community that claims ownership of that story. Further, the copyright in the published edition of the Gcina Mhlophe: From JT Communication Solutions Archives Solutions JT Communication From Gcina Mhlophe: story will no longer belong to the author, but to a government trust fund. So let us say an author decides to write a book telling a traditional Zulu children’s tale. Which Zulu community is entitled ‘No more stories to lay claim to the story? The entire KwaZulu-Natal region? How about the Zulu people in the Eastern Cape? The simple answer is: no one knows for you, my children!’ because the Bill does not say how one identifies an indigenous community. New legislation could put Gcina Mhlophe and Credo Mutwa Worse still, it doesn’t even provide a way of proving that a community’s claim is, in out of business, writes Nothando Migogo Hlatswayo fact, genuine. AS A PERSON LIVING IN poetry and myths. So, even though the desired result MODERN-DAY SOUTH would be that the author pays a royalty I’m talking about the stories, fact and AFRICA, DO THE NAMES to the government trust fund which fiction, that form the fabric that binds GOROGO, MARIMBA OR will, it is envisaged, apply the royalty traditions and rituals together; the tales MALANDELA RING A BELL? for the benefit of the community, the that were told to children around the Do you know the story of creation as inconsistencies in the Bill make it virtually fire. It is these tales and legends that have impossible to achieve this. The mere fact told by your forefathers? The story of fallen by the wayside as we go about our Ninavanhu-Ma? that the Bill fails to define an indigenous busy daily lives. community makes its desired effect You may have had a family member There are, fortunately, a few writers who unattainable. well-versed in the traditional tales that have written down these fables. In South were passed down from generation to In future, those authors who have Africa, the names Gcina Mhlophe and undertaken the noble task of writing generation, and eventually to you. It is Credo Vusamazulu Mutwa come to mind. more likely, however, that you vaguely down and sharing with us these remember snippets of these stories (if at Credo Mutwa’s ‘Indaba My Children’ and invaluable stories will be penalised for all) from your childhood and that retelling Mhlophe’s ‘Stories of Africa’, amongst their efforts and eventually discouraged any one of these stories with clarity is, at others, seek to document Africa’s richest from publishing similar books in the best, a tricky undertaking. but most crippled cultural pillar: its oral future. This will further widen the tradition. African stories are so rich in gap between us and our history and, If you are anything like me, I fear, your idiom and poetry that translating them ultimately, leave us all the poorer. Can we children are in trouble. intact is almost impossible. At the same afford to let this Bill be passed into law? For our children and their children’s sake, I could probably give you a satisfactory time, the chance these stories have of I say no. account of Shakespeare’s main works, but surviving in oral form becomes slimmer do not ask me questions about how pre- with every generation. To continue the conversation on the IP colonial African peoples interacted. Don’t If these stories are to survive, they must Bill refer to www.samro.org.za or join us expect me to know about the stories, be written down. It is therefore surprising on our facebook page.

20 SAMRO Notes 2010 A DREAMER HE IS. The man responsible for the Joy of Jazz Festival is preparing to give Newtown another much-anticipated instalment of this premier jazz festival in August 2010. Tladi was highly instrumental in the development of some of the country’s most popular talents. In his early days as an artist manager, he directed the careers of , Mercy Pakela, , Vuyo Mokoena and Sankomota. With decades of experience in the industry, Tladi has seen the South African music scene expand and his influence is profound. In 1989 he launched T-Musicman, the music and concert promotion company where he now serves as chief executive

Peter Tladi: Courtesy of T.Musicman Courtesy of Tladi: Peter officer. Today he manages top musicians such as Jonas Gwangwa, Mzwakhe Mbuli, Nokukhanya Dlamini and Nombulelo Maqetuka. Shortly after 1994 he birthed Jazz by the River, which was held in Dickinson Park, Peter Tladi: Vereeniging, as well as Jazz in the Park in A music man through and through Mamelodi, Pretoria. He introduced the Joy of Jazz series at the Pretoria State Theatre in 1996 and Accomplished music manager and promoter Peter Tladi since 2000, the event has been held in Newtown, Johannesburg. turned 60 recently, but shows no sign of slowing down. Tladi is the outgoing president of the South African Music Promoters Association This veteran says of himself: “I am a businessman first (SAMPA) and holds directorships in several organisations, including Bula Music, and foremost and an entertainer… oh, and a Capricorn Recording Industry of South Africa (RISA) and is Deputy Chair of Moshito Music – I am proud of that! Capricorns dream a lot.” Conference and Exhibition.

HHP: SABC 2 HHP: HHP hits the small

Jabulaniscreen Tsambo, otherwise known as musician Hip Hop Pantsula (HHP) or “Jabba”, has been keeping very, very busy. Not content with winning an MTV Africa Music Award or recording with international rapper Nas, he’s now moving into another entertainment sphere. The ‘Strictly Come Dancing’ winner has been trying his hand at presenting a new show on SABC1. It’s called ‘Respect’ and the half-hour programme is all about a “melting pot of movers and shakers from various fields”. It features interviews with artists such as fellow local rappers Pro and Proverb. HHP said in an interview with ‘The Times’ that he wanted to “showcase the stars for who they are, rather than just the music or the acting they are known for. This is more about the stars to whom we feel we need to show respect, as opposed to airing people’s dirty laundry. It’s more about South African heroes.”

SAMRO Notes 2010 21 Festivals:A valuable income stream for musos WITH RELATIVELY LOW RECORD SALES, SOUTH AFRICAN MUSICIANS ARE INCREASINGLY REALISING THE IMPORTANCE OF LIVE PERFORMANCE, PARTICULARLY HIGH- PROFILE FESTIVALS, TO THEIR LIVELIHOODS. Music festivals are seeing ever- increasing numbers each year. At such events, the issue of copyright may be overlooked and SAMRO has been urging music writers to take a more active role in ensuring that venues are properly licensed.

Liesl Marx, Stage Director for the Klein HOW SAMRO LICENSES FESTIVALS Gustafson explains: “We then try to Karoo Arts Festival (KKNK), explained: get as much of a complete playlist as According to SAMRO’s Regional Sales “I do the entire application process, possible. Some of the music may be out Manager, Alan Gustafson, more factors for the stages. I’m responsible for of copyright.” Therefore, SAMRO may not need to be taken into account when placing them on stage, and I liaise charge the user 100% of the tariff if only with sponsors when they want to calculating a music licence tariff for 50% of the music played is in copyright. send an artist,” she said. a festival than for most other music Yana Lombard, Talent Director at events. If the user doesn’t have a relatively events management company accurate idea of the playlist, a provisional “In the licensing of a festival, the espAFRIKA, said it was important licence is issued so that the show may for artists to understand copyright promoter approaches us, and there proceed. Within the licence agreement, law. “There’s a live performance fee are two broad areas that we look at a 3% deposit is payable before the event that we pay through SAMRO. If we when doing the calculation,” Gustafson is staged. broadcast, we also need a broadcast says. “These are what the promoter is licence,” she said. spending and the expected ticket sales “We work very strongly with expectations. Splashy Fen, for instance, Pedro Carlo, Festival Manager for – in other words, the expected audience Splashy Fen, said he was working numbers based on past festivals, by the was expecting around 6 000 people [over the Easter weekend] and the day with SAMRO on a new format for price of the ticket.” festivals. ticket is around R100 per day,” Gustafson The tariff is based on gross income and says. “Splashy Fen is not only a music expected gross expenditure, but in festival and it’s difficult to establish if The festival ticket price is R425, but some instances gross expenditure could people are here to hike, camp or do SAMRO estimates R100 to be the music be higher because the income from other things,” Carlo said. “This year is component – the balance being for a trial period for a new formula that music is the basis for calculation, rather camping, other leisure activities, and wasn’t there before. We are all trying than the combined income from all so on. This means the income from the to find some common ground.” other services. 22 SAMRO Notes 2010 Rosy outlook for UK music industry THE UK’S PRS FOR MUSIC HAS RECORDED A 2.6% INCREASE IN REVENUE COLLECTION. According to the non-profit royalty collection organisation’s annual report, there has been an increase in the registration of online services across Europe and in the UK. PRS chief executive Robert Ashcroft said, “In a tough trading year I’m pleased we were able to deliver a small increase in royalty revenues, allowing the nation’s music creators to keep creating music that is heard and appreciated around the world. “This growth reflects our continued pursuit of legitimate alternatives to online piracy and, as always, the creative talent of our authors, composers and publishers.” Ashcroft added that 2009 was the first year in which the growth in revenues from the legal digital market compensated for the decline in revenues from traditional Oppikoppi: Courtesy of Oppikoppi CDs and DVDs. music component is R600 000, but the deviations. A performer could drop expenditure is around R840 000. The one song and play another based on tariff is 2% of the expenditure, which A warm audience preferences, or play medleys amounts to R16 800. from one song to another.” Also considered in the calculation are welcome to factors such as music only being played For SAMRO to pay royalties, organisers for part of each day. When it comes to need to note whose music was played, foreign music, SAMRO has agreements and that’s not always the performer’s Ubuntu! MOVING IN LINE WITH CURRENT MUSIC with societies in 200 other countries, own compositions. and its (SAMRO’s) repertoire covers their TRENDS, the Ubuntu One Music Store is members too. “For instance, Kurt Darren sings and now live – following a trial run to ensure that any kinks were ironed out before composes,” Gustafson says. “He’d be officially launching the new programme to THE IMPORTANCE OF PLAYLISTS paid the royalties due to him as a the public. composer of the music and lyrics, not as Canonical has partnered with UK-based It’s crucial that when music is performed online music store 7digital to make Ubuntu live, correct playlists are compiled and a performing artist. a reality. Similar to Apple’s iTunes music sent to SAMRO so that deviations can be “Andrew Lloyd Webber was a brilliant store, the Ubuntu online music store offers easily noted. tracks in MP3 format for around R10, with songwriter, but he wasn’t a great discounts on most albums. “With recorded music we know exactly performer. Sarah Brightman made the Ubuntu, a free computer operating what song is playing and there is music come alive, but she wouldn’t be system, was founded by South African more control, with no deviation; it’s a IT entrepreneur Mark Shuttleworth. Visit push-button system,” Gustafson says. paid the royalty. It would go to Lloyd https://one.ubuntu.com/ for more “However, when it’s live, there are many Webber.” information.

SAMRO Notes 2010 23 : From his personal archives From Don Laka: Lakaputs SAMRO-licensed venues to good use Jazz maestro reaps rewards by using only licensed venues for his national tour

WHEN THE BIG DADDY OF KWAAI-JAZZ, Don Laka, recently toured his new “green” album, ‘Poison’, while promoting his save-the- planet campaign, he played in 10 venues all with one thing in common: they are SAMRO-licensed. In doing this, Laka used his SAMRO status wisely and reaped the benefits. need to know what musical work has creative talents. When you’re planning a been performed,” says Gustafson. “This gig, ask the venue one simple question: “The most important benefit for our responsibility lies with our members Is it SAMRO-licensed? If not, let SAMRO SAMRO musicians is, as members, and the venue owners to furnish us know and help get more venues they get paid royalties wherever their with a playlist so that we are sure to licensed. music is used. Therefore, it would be of pay the correct royalties to the correct “Too many of our musicians are using great benefit to them to use licensed members.” venues as royalties are then paid back unlicensed venues and then they to the musicians from the licensing There are numerous SAMRO-licensed lose out on hard-earned royalties,” fees,” comments SAMRO Regional Sales venues throughout South Africa. During says Gustafson. “It must be clearly Manager Alan Gustafson. his tour, Laka performed in a variety of understood that SAMRO does not have reputable spots, from the State Theatre hundreds of people on the ground to Laka’s 10-city tour generated revenue in Pretoria and the West End Theatre ensure that every venue is licensed, simply because he chose to perform at on the Cape Flats to the Bat Centre in and we rely on information given to SAMRO-licensed venues, which meant Durban. us that the activity is going to happen. that the more venues he played in, the That way, we can try to get the venue more royalties he could earn. Whether there are bums on seats or not licensed beforehand. Many times, at your gigs, if you play in a SAMRO- There is a relationship between the though, this only happens after the number of times a song is performed licensed venue, you’re likely to generate event.” and the royalties payable. revenue through royalties, depending on the conditions of the licence issued. Like Laka, make your music work for “It is also very important to mention that, Your music is your revenue, so don’t you by always performing in SAMRO- for us at SAMRO to pay correctly, we do allow unlicensed venues to exploit your licensed venues.

24 SAMRO Notes 2010 Ten pointers on how to use music in your business Danish collective rights manager KODA represents around 33 000 composers, and music publishers. It administers Danish and international copyrights via reciprocal contracts with rights societies in more than 115 countries. Here are the central themes of its successful education programme targeted at customers, licence holders and applicants: 1 5 9 Consider what function you Ensure that the music suits the Use a music centre of good wish music to fulfil in your shop, goods and the services you are quality. restaurant, etc. selling. 10 2 6 Consider and test a suitable Let the music create your image. Play music that goes with the music volume. rhythm of the day and the week. 3 Play music that “fits” your 7 customers. You lose influence on the choice of music if you play the radio. 4 The pace of the music influences 8 the flow of customers. Play music that your employees enjoy.

Visit www.koda.dk/eng/home/ for more information. Divinity resides inJo-Anne Q Gospel singer in Africa’ and the traditional hymn Jo-Anne Qoqonga album ‘Yesu Mandihlale Mna’, only has released her third album, featured one of her compositions titled ‘Beautiful’. The record is – but ‘Beautiful’ is entirely her own intended to promote inner handiwork. strength in women and boost their “From the street corners you self-confidence, which is often see people begging for food and tarnished by media-projected money to survive,” laments Jo- stereotypes that pressure women Anne as she explains her passion to look a certain way. for writing. Jo-Anne’s deep-rooted Christianity is the primary influence in her “You come into contact with music and life. For her, singing women who suffer from low gospel music is a way of thanking self-esteem based on the way God for all the blessings bestowed they think of themselves or [as a upon her. result of] the people around them The theme of self-confidence on treating them unkindly. Women her new album, ‘Beautiful’, is also abuse also causes low self-esteem. something new for her. Each of From all those experiences I write her previous releases, ‘Christmas my music.” her personal archives From Jo-Anne:

SAMRO Notes 2010 25 The history of the South

African Michael S Levy: From his personal archives National Michael S. Levy, consultant musicologist, relates SAMRO’s involvement in developing Anthem the country’s national song. THE SOUTH AFRICAN NATIONAL adoption of a new national anthem. The Anthem Committee started work in ANTHEM is a combination of two A sub-committee was appointed to February 1995, and, in May of the same separate pieces of vocal music: ‘Nkosi oversee this process. Although more year, made several proposals to the sikelel’ iAfrika’ (1897), with music and than 200 proposed anthems were Cabinet, which chose one of them. lyrics by Enoch Sontonga (ca. 1873 – received, none was considered suitable. The selected version was officially 1905), was officially adopted as the The sub-committee then suggested the adopted as the National Anthem closing anthem for meetings of the combining of ‘Die Stem van Suid-Afrika’ of South Africa by President Nelson African National Congress in 1925. and ‘Nkosi sikelel’ iAfrika’ to constitute Mandela, by Proclamation No. 68 in the ‘Die Stem van Suid-Afrika’ (1921), with the new national anthem. This proposal ‘Government Gazette’ of 10 October music by Marthinus Lourens de Villiers was accepted by the negotiating 1997, as printed in a schedule to the (1885 – 1977) and lyrics by Cornelius council, and this combination of the two proclamation in both staff notation and works was, at first, the official national tonic sol-fa. Jacobus Langenhoven (1873 – 1932), anthem from 1994. was adopted as the official national In this form, the National Anthem is an anthem of South Africa in May 1957. However, it was immediately apparent adaptation of the two constituent works, that the anthem was extremely long. the main changes being to the lyrics. In 1993, the Multi-Party Negotiation The Cabinet thus formed a committee Process (MPNP) began in Kempton Park to produce a shortened version in both The National Anthem of South Africa outside Johannesburg, with the aim choral and instrumental settings. is owned by the state, which has of creating a democratic South Africa. determined that the work is in the public It produced the Interim Constitution The members of the Anthem Committee domain. Thus, in practice, no copyright of the Republic of South Africa, which were: Anna Bender, Prof. Elize Botha, revenue is accrued by the work, not regulated the government of the Richard Cock, Dolf Havemann even for arrangements or adaptations of country through the 1994 elections until (Secretary), Prof. Mzilikazi Khumalo the music and/or lyrics. (Chairman of the Anthem Committee the adoption of the final Constitution in Anyone who wishes to use or adapt the and then Vice-Chairman of SAMRO), 1996. National Anthem in any way whatsoever Prof. Masizi Kunene, Prof. John Lenake, should apply to the State Herald in Prof. Elize Botha was appointed Prof. Fatima Meer, Prof. Khabi Mngoma, advance at: The State Herald, Private Bag Chairman of the Commission on Dr. Wally Serote, Prof. Johan de Villiers X 236, Pretoria 0001. National Symbols by the Multi-Party and Dr. Jeanne Zaidel-Rudolph (now a Negotiating Council. This council invited professor and a member of the SAMRO For the full text of this article, visit submissions from the public for the Board). www.samro.org.za

Aspiring composers are invited to submit song, with a grand prize of $10,000 Write a song original songs based on the city they (±R73,000) for the winning composition, love and/or live in for the international which can also be a collaboration. CityLove music competition. The+- works can also be accompanied by a about the Songwriters are invited to write, record video, which will be posted on YouTube, and upload their song via with a further $5,000 (about R36,000) www.citylovemusic.com, before the closing up for grabs by the winner. city you love date on 30 September 2010. The public The winning songs will be released will be able to vote for their favourite commercially, so get composing!

26 SAMRO Notes 2010 IN LOVING MEMORY SAMRO extends its sincere condolences to the families and SAMRO loved ones of the following members who passed away during the course of the past year. Rest assured in the knowledge that the contribution they made to the South African music landscape Bookshelf while they were alive will not be forgotten.

Sello Wilfred Mosebi Pieter Johannes van Blerk ‘Sport Versus Art: A South African Context’ Mzamo Bethlehem Khuzwayo Kolokoti Mary Rabotapi Edited by Chris Thurman Catharina Glodina Uys Sifiso Buthelezi (Wits University Press) Zelma Van Aardt Surendran Reddy Lourens Hermanus Fourie Sipho Christopher Sibanyoni Ubabalo Tshepo Lamla Mbuqe Thokozani Elfas Nene Synopsis: Mandlankosi Mkhwanazi Bani Mtombeni This book is an attempt to address Diau Julias Mofokeng Dan Hill the often fraught Muzi Gordon Maphanga Sakela Maputi relationship Mputhumi Choboza Madoda Innocent Mathunjwa between sport Aubrey Mafa Wotshela Makapoko Joyce Thabe and the arts in Motseoile Joseph Matsheka Azwiambiwi Joseph Silima South Africa. They Lindile Mtatambi Cloud Mabaso (DJ Monde) may compete Winston (Ngozi) Mankunku William James Mabuza for sponsors and for public Mawonga George Mangxola Bhekumuzi Luthuli interest, but do Julian James Hester they necessarily stand in Please note that this may not be a comprehensive list, but if you are aware of a opposition to one another? Have we drawn a SAMRO member that has passed on, please send the details to us or call us on false dichotomy between the two? What do we 011 712 8000 make of arts practitioners and “intellectuals” who are passionate about sport? Or sports buffs who take a keen interest in literature, music, theatre, dance and the visual arts? ‘Sport versus Art’ is a collection of essays, commentaries, personal memoirs and humorous pieces attempting to answer these and other questions. The contributors include sports journalists, arts practitioners and writers and academics. Some of them argue that sport is a distraction, while art does the opposite. They say: “The arts reveal something eternal about what it means to be a human being. As engaging and entertaining as sport might be, it cannot do that.” Others affirm that sport is “something fundamental” in South 1 – 3 September 2010 Africa: “The mood of the country rises and falls www.moshito.co.za with the back-page headlines; so much of what we love and celebrate can be calibrated in runs and goals and tries.” The authors identify and analyse various points workshops of conflict and concord between sport and the arts. Some discuss the social and political factors andre that have affected the respective histories of sport and the arts in South Africa. Of particular interest to music lovers will be music journalist Gwen Ansell’s piece, which finds unexpected connections between jazz musicians and black rugby players in the Eastern showcases and Western Cape. e x h i b i t i o n SAMRO OVERSEAS SCHOLARSHIPS 2010 : COMPOSERS

Princess Constance Magogo KaDinuzulu Buthelezi by Velaphi Mzimba (2002) Acrylic on canvas: 150 X 150 cm Collection: The Southern African Music Rights Organisation, Limited

CLOSING DATE FOR ENTRIES: 31 MAY 2010

www.sena.org.za