SAMRO OUTLINES POSITION

The Southern African Music Rights Organisation (SAMRO) is concerned about recent media statements attributed to Department of Trade and Industry (DTI).

A regrettable impression has been created by certain reports – such as the article dated July 30, 2010, on The Public Eye website containing remarks attributed to Dr Mkhuseli Vimba of the DTI, and the Saturday Star/Weekend Argus article dated July 10, 2010, and quoting DTI Deputy Minister Thandi Tobias-Poloko and the department’s Director of Commercial Law and Policy, MacDonald Netshitenzhe.

The former report quotes Dr Vimba telling artists during a workshop in Bloemfontein that SAMRO does not pay artists their royalties, causing them to die paupers. The latter article, while not naming any specific collecting agency, accuses them of “secrecy” and “a lack of transparency” in paying artists their dues. Furthermore, the reports quote the DTI officials and the Deputy Minister as saying that a commission of enquiry has been established to compel societies to “open their books” so that artists’ complaints regarding unpaid royalties can be investigated.

These alleged utterances by the DTI are of extreme concern to SAMRO, firstly because the organisation prides itself on its transparent accounting and corporate governance standards and does not wish to be tarred with the same brush as societies allegedly exhibiting irresponsible behaviour; and secondly, because SAMRO has been constantly engaging with the DTI and no such issues have ever been raised.

SAMRO met with Deputy Minister Tobias-Pokolo in December 2009 at SAMRO’s request. The meeting was to brief her on SAMRO’s operations and a range of issues that had been in the media during the course of the year. No concerns were expressed relating to SAMRO at the time. In addition, Mr Netshitenzhe was invited by SAMRO to its AGM in November 2008, and again no such issues were raised. This is in addition to SAMRO’s ongoing interaction and correspondence with the DTI in forums such as Nedlac on, for example, current proposed legislation such as the Intellectual Property Laws Amendment Bill.

While we cannot speak for other collecting societies operating in the country, it is unfortunate that a generalised impression has been created by these reported utterances that all such agencies need to be “brought into line” through a commission of enquiry, which is also presented as a fait accompli. SAMRO has not been informed or consulted about any such probe; neither have we been made aware of its terms of reference, scope, mandate, the appointment of commissioners and operational arrangements.

While SAMRO does not have enough information to comment fully on the mooted commission of inquiry, we welcome and support any constructive initiative that is aimed at improving the circumstances of musicians. We therefore invite the DTI to engage directly with SAMRO on any matters of concern, for the greater good of our creators, authors and performers of music. - Nicholas Motsatse, CEO: SAMRO