| |
a.Distribution of Royalties
b.Provision of Statements
c.Dispute Resolution
d.Repository of Works
e.Royalty Advances
f.SAMRO Retirement Annuity Fund
g.SAMRO Funeral Benefit Scheme
h.Advocacy
i.Contacts |
* SAMRO'S royalty income is derived from many different sources, among these public television, private television, public radio, private radio, community radio, cinemas, and general users - the latter including everything from amusement arcades and fairgrounds to roller and ice skating rinks to the music you hear when you are waiting for an aircraft to take off! In each instance it's the rights holder - the composer and author - who benefits from this public performance of their music.
* In addition, SAMRO receives royalties from our affiliated societies abroad (Foreign Royalty Distribution) and there is also sundry royalty revenue collected on members' behalf from sources such as film synchronisation licences. One of the key functions of SAMRO is to distribute royalties and other financial income to its members and those of our affiliated societies. The royalties are computed out of the total distributable revenue from licence fees. The financial income is a result of funds invested in the intervening period between the collection of licence fees and the distribution of royalties. |
As a SAMRO member you are entitled to a statement of account which details the royalties that you have earned over a period of time or in a distribution cycle, the status on your advances account, the status of your current account as well as Annual Financial Statements These are all available from the Membership Department upon request. |
* There are occasions where disputes arise and over the years, SAMRO has played an important role in assisting our members with resolving these.
* The most common disputes relate to proprietorship of a song, split of shares, infringement of copyright and assessing beneficiaries/ and heirs to the Estates of deceased members.
* It is important to remember that in assisting with dispute resolution, SAMRO remains impartial while at the same time encouraging open but amicable negotiations.
* Dispute discussions are facilitated by the managers in Membership, Documentation and Distribution Department and whenever necessary, SAMRO's senior executives may also take a role in the process. The following steps form the broad outline of the process followed in resolving the disputes:
* Suspension of payment of royalties accruing to the work(s) under dispute.
* Separate meetings with individuals involved in the dispute to gather "factual" information regarding the case.
* Investigation of the circumstances or evidence to ensure its accuracy. (It is at this stage that SAMRO often engages the services of external experts such as Musicologists and others).
* Joint meeting(s) with all the affected parties. However, if no resolution is reached, SAMRO will then advise those involved in the dispute to contact experts independently. |
Copyright in South Africa does not require registration, except in cinematograph films, as it subsists automatically subject to certain requirements. Although this is generally seen as a benefit compared to other intellectual property rights, it takes away the benefit of a central repository where proof of ownership can be easy to determine. It is for this reason that, incidentally, SAMRO's database of musical works also serves as such a repository, especially when there is dispute relating to infringement or proprietorship. This database is a result of Notification of Works by composer and/ or authors of lyrics as well as publishers. |
Under clearly defined circumstances, SAMRO paid-up members may be granted a royalty advance - primarily to provide financial assistance by way of an advance to those members in need. It must be understood that a royalty advance is not a right. It can only be given to properly elected composer/author members and not to publishing companies and is based on the expected future annual earnings of a composer/author member, determined from the historical earnings of that SAMRO member in the previous three years' royalty distributions.
SAMRO policy states that:
* Expected future non-royalty earnings (NRR) are determined according to the member's participation status in the NRR.
* All existing debit balances on a member's account will be taken into consideration when assessing application for an advance
* The extent of an advance will normally be limited to one year's expected future earnings. * Advances beyond this one year limit will only be considered in extreme compassionate circumstances, and will be subject to the management committee's approval.
* Applications for advances which are both material and beyond two years' expected future earnings will be referred to the executive committee for approval.
Interest
The interest rate on advances is charged as follows:
* On advances up to times a members' earnings (subject to a maximum of R10 000) a rate of 8,5% per annum will apply.
* On any advances over these limits the rate will be at prime overdraft rate charged by SAMRO's bankers for the whole loan. |
There are two primary benefits for composer/author members of SAMRO in terms of their social security. These are the SAMRO Retirement Annuity Fund (SRAF) and the SAMRO Funeral Benefit scheme for Writer Members.
SAMRO Composer/author members under the age of 70 years become eligible for membership of the SRAF once they have received their first royalty credit in one of SAMRO's annual distributions of performing royalties.
At the end of that year they are automatically elected as members of the Fund when the first allocation as a contribution on their behalf (done in proportion to their earnings) is made by SAMRO to the fund.
SAMRO's Funeral Benefit Scheme was established specifically to provide for expenses associated with the funeral of a member or his/her direct family (aside from the benefits normally available to members of the SRAF). The funeral benefits cover SAMRO's composer/author members under the age of 75 years, whether they are members of the SRAF or not, as well as their spouse and children.
Underwriting and administration:
The Scheme is underwritten and administered by Sage Family Benefits (Pty) Ltd who provide the funeral cover for writer members of SAMRO, eligible to participate in the scheme.
Death notifications and returns:
Notification of a death and the lodging of claims must be directed to:
SAMRO Funeral Benefit Scheme Membership Department
P O Box 31609 Braamfontein 2017
Tel : (011) 489-5000
Fax : (011) 403-1934 |
Although SAMRO is not a lobby group, there are times when it is required to speak out on issues that directly affect our members. Over the past years, SAMRO has played an important role in industry forums, including the Music Industry Task Team (MITT) which was set up by the Minister of Arts, Culture, Science and Technology. We are also represented on the Parliamentary Portfolio Committee on Trade and Industry, regarding the introduction of the Performers Protection Rights. Advocacy on the part of SAMRO is necessitated by the fact that few organizations represent composer's interests on the level at which we do. With a membership of more than 5,000 composers, lyricists and publishers as well as the representation of over 1,4 million foreign rights holders in South Africa, it is inevitable that SAMRO speaks out on such matters that may impact on the welfare of these stakeholders. Through its department of Corporate Affairs, SAMRO interacts with various stakeholders and policymakers (including government) to address issues of current or future concern in an amicable and proactive manner. |
Tel: +27 11 489 5000
Fax: +27 11 403 1934
E-mail: customerservices@samro.org.za
Postal: P.O Box 31609 Braamfontein 2017 South Africa
Street Address: SAMRO House 73 Juta Street Braamfontein, 2001 South Africa |
|
|
|
| |
About SAMRO | Membership | Music Users | News | Endowment for the National Arts | Resources & Links
Home | Contact us | Site map | Media Centre
E-Mail Disclaimer | Privacy Policy | Terms and Conditions of Use
Copyright 2005 The Southern African Music Rights Organisation, Limited. All rights Reserved
Non-profit-making • No share capital • Limited by guarantee • Affiliated to the International Confederation of Copyright Societies (CISAC)
Registration Number 1961/002506/09.
|
|
|
