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 South Africa 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 Soweto 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 Ayears 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 Coldplay to World Peace Song award South African singer/songwriter 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’.