The copyright owner is the person or entity that pays for the making of the sound recordings, thus RiSA member record companies. RiSA’s Anti-Piracy Enforcement Unit with its enforcement partner,protects the below-mentioned rights.
Sections 8 and 9 of the Copyright Act, 1978 (Act 98 of 1978), as amended, affords certain exclusive rights to the copyright owner of sound recordings and/or cinematograph films, including the rights to do or to authorize the doing of:
In relation to CINEMATOGRAPH FILMS (section 8)
a) Reproducing the film in any manner or form, including making a still photograph therefrom;
b) causing the film, in so far as it consists of images, to be seen in public, or, in so far as it consists of sounds, to be heard in public;
c) broadcasting the film;
d) causing the film to be transmitted in a diffusion service,
e) making an adaptation of the film;
f) doing, in relation to an adaptation of the film, any of the acts specified in relation to the film in paragraphs (a) to (d) inclusive;
g) letting, or offering or exposing for hire by way of trade, directly or indirectly, a copy of the film.
In relation to SOUND RECORDINGS (Section 9)
a) Making, directly or indirectly, a record embodying the sound recording;
b) letting, or offering or exposing for hire by way of trade, directly or indirectly, a reproduction of the sound recording;
c) broadcasting the sound recording;
d) causing the sound recording to be transmitted in a diffusion service, unless that service transmits a lawful broadcast, including the sound recording, and is operated by the original broadcaster;
e) communicating the sound recording to the public.
and Section 9A
1 (a) In the absence of an agreement to the contrary, no person may broadcast, cause the transmission of or play a sound recording as contemplated in section 9 (c), (d) or (e) without payment of a royalty to the owner of the relevant copyright.
During September 2014 a RiSA member reported the advertising and sale of infringing music CD’s on Facebook. SAFACT was tasked to investigate further.
This past week the Facebook account holders’ residence was raided by the South African Police Service. Two (2) desktop computers used in the making of illegal CD’s and 303 infringing CD’s were seized as evidence. This raid was as a result of the sale of infringing CD’s to an enforcement agent. The suspect who identifies himself as a sound engineer and a disc jockey (DJ) was arrested and charged for copyright infringement.
The suspect is now facing various criminal charges as a result of his illegal conduct.
Persons, businesses and DJ’s should take cognizance of the fact that if they do not have the appropriate authority from the owners of copyrighted material, they must refrain from infringing on those exclusive rights. Failure will result in criminal or civil action or both being taken against such persons/entities who infringe on RiSA members’ rights.
A person convicted of copyright infringement shall be liable-
(a) in the case of a first conviction, to a fine not exceeding five thousand rand or to imprisonment for a period not exceeding three years or to both such fine and such imprisonment, for each article to which the offence relates;
(b) in any other case, to a fine not exceeding ten thousand rand or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment, for each article to which the offence relates.
Kasimp3.co.za, a locally operated music sharing site, has been shut down. At its height, the site boasted over 1.2 million downloads.
Artists infringed against included:
- Crazy White Boy
- DJ Mphoza
- Chris Brown
- Far East Movement
- Julian Gomez
The following page now greets visitors:
Mzansi-music.co.za, an infringing site operated out of Durban and hosted by the ThePlanet.com Internet Services in Houston, TX has been taken down. Prior to being shut down, mzansi-music.co.za hosted a significant amount of local repertoire.
On Thursday, 21 of June 2012, at about 19:00 the Eshowe Crime Prevention Unit and Eshowe Crime Intelligence Unit members acted upon information and raided a residence in Eshowe – KZN. The owner of the residence, a 40 year old Congolese National in South Africa on asylum, was arrested.
The suspect is facing charges for contraveining the Copyright Act, 1978 (Act 98 of 1978), such charges flowing from the fact that he was found manufacturing, distributing and selling of infringing copies of records (music CD’s & DVD’s).
The goods found at the residence comprised of a desktop computer, scanner, printers and a tower disc duplicator and other equipment used in the illegal manufacturing of infringing music, and approximately 1000 copied discs valued at approximately R65000.
During interrogation the suspect indicated that he after manufacturing and selling the CD’s & DVD’s to street vendors who in turn resell it at major street intersections and at taxi ranks in the Eshowe area .
Initial investigations indicate that the same suspect was previously arrested on the 21st of April this year on similar charges. The suspect will appear in the Eshowe Magistrates court on 23rd of June 2012.
The Recording Industry of South Africa commends the members involved for their diligent work in curbing music piracy in KZN.
RiSA has agreed to amend the licence agreement, which dispensation should benefit jukebox operators. The new licensing dispensation will take effect from July 1st 2011 and will last for one year, i.e. for a trial period to expire on June 30th 2012.
RiSA will assess the performance of jukebox operators under the new dispensation in 2011/12 period and will then decide, in its sole discretion, whether to extend the new licensing dispensation, after June 30th 2012, or to revert to the licensing scheme currently in place. All current obligations stay in place until July 1st 2011.
Please note that the liability of the person/entity that has a jukebox in their tavern/pub/venue to pay a licence fee to SAMPRA for the performance in public of music sound recordings administered by SAMPRA, remains unchanged.
Notice dated: 20 June 2011
The past week the RAPU embarked on an investigation pertaining to replicated compact discs, sold at R50 (three disc booklet), in the Cyrildene area,Johannesburg. Information supplied indicated that the discs sold were counterfeit as mastering SID codes on the discs have been obliterated.
On Wednesday, 30th of May 2012 RAPU in conjunction with the South African Police’s Child Protection Unit, Johannesburg Metro Police and the South African Revenue Services raided a shop in Cyrildene, Johannesburg. Numerous titles of international artists were found and removed.
Hengji Video Shop – Cyrildene, Johannesburg
Examples of products removed.
Image of false IFPI mould & obliterated LBR SID codes
Samples of the removed music titles will be sent to the IFPI for forensic trace analysis to determine the origin of the counterfeit products.
Other items found were detained by SARS and the owner was ordered to produce importation documents.
Playlistcentral.co.za, an locally-run unlicensed streaming service, has been taken offline. The site itself was physically hosted in the US by the ISP, Softlayer Tech Inc. The streaming server was, in turn, hosted by Hosting Solutions International Inc. At the height of its operation, the site featured 1286 artists, 2905 albums and 39 658 songs which equated to a total of 76.09 GB (or 1 182 hours) of music.
The music sharing site, www.bloutant.hip.lt, run by a local group has successfully been taken down . The site originally listed numerous download links. The domain, bloutant.hip.lt, operated as a subdomain on the hip.lt network (the listed owner/registrar being a company called “Interneto vizija” – http://www.iv.lt/ – with its domain name servers hosted by the ISP, Penki Koninentai Ltd. in the city of Vilniaus, Lithuania).
The hip.lt server was, however, physically located in France and hosted by the ISP, OVH Systems (OVH SAS). The site’s file hosting server, s#.mywibes.com (with # being any number or character) was also hosted by OVH Systems, France.
RiSA worked closely with the SCPP (Société civile des Producteurs de Phonogrammes en France/Civil Society of Producers of Phonograms in France), with OVH Systems removing all infringing content.