Purpose Statement

To Create Value for the Creators and Users of Music.  

Values

Convenience
Excellence
Trust
Relationships

SAMRO Overview

The Southern African Music Rights Organisation (SAMRO) was established in 1961 with the objective to protect the intellectual property of composers and authors, as well as to ensure that composers and authors talents are adequately credited both locally and internationally for music usage. The organisation is the primary representative of music performing rights in Southern Africa.

SAMRO plays a vital role in the administration of works, distribution of royalties and promotes copyright law of composers and authors works, through the collection of license fees from television broadcasters, radio stations, in-store radio stations, pubs, clubs, retailers, restaurants and all other businesses who broadcast music.

The organisation functions as a collective administration society that negotiates music user licenses. Its main role is to administer the SAMRO was created and is controlled by composers, authors and publishers of music. It has a board of directors that is elected biannually by members.

SAMRO now also administers "Needletime" Rights: musicians now have the right to receive payment for the exploitation of their recorded performances, thanks to “needle time”.

Under the concept (“Needletime”), aspiring artists, background singers,instrumentalists, and well-known hitmakers alike, would be compensated for use of their work when it is broadcast or communicated to the public, when they assign their Needletime Rights to SAMRO.

SAMRO is a member of the International Confederation of Societies of Authors and Composers (CISAC), which gives the organisation access to fully represent the interests of South African composers, authors and publishers internationally. The association is affiliated to over 200 global collecting societies for public performance or mechanical reproduction rights. SAMRO has a membership base in excess of 7000 composers and authors of all nationalities in Southern Africa.

SAMRO plays a vital role in adding value to the music industry and positively impacting the livelihoods of all our composers and authors.

We are a world-class African society with a commitment to solid management, cost-effective services as well as quality business ethics and values.

Legislative Framework

For a long time musical works enjoyed no legal protection, and their composers suffered great injustice - Mozart died in abject poverty, and was buried in a mass grave for paupers, at the very time when people over the world were making big money from the performance of his works.

Stephen Foster - composer of many universal favourites like "Swanee River", "My Old Kentucky Home" and "Beautiful Dreamer" - died penniless in New York while all over the United States of America his songs were being played and sung, bringing joy to millions and profits to many.

John Knox Bokwe, choirmaster and composer died before the implementation of performing right administration in Southern Africa. He too received no payment for performances of such well-known works as "Ntsikana's Bell" and others. Similarly, Enoch Sontonga died before he could derive any benefit from his inspirational work -  "Nkosi Sikelel'  i Afrika".

The tragic injustice of these and other cases led to a world-wide movement to protect composers and give them an equitable remuneration for the use of their works. It is today generally recognised that an enlightened copyright law, to protect the things of the spirit as well as the material ones, is one of the characteristics of a civilised community. Most of the civilised countries of the world have joined the International Copyright Union, to ensure reciprocal "copyright protection" for each other's musical works. One of these is South Africa, and therefore our legislation includes a special copyright act.

History

"The word "copyright" is used to describe the complex of rights which the creator of an original "work of the spirit" has in his/her product; and by "works of the spirit" we mean creations of artistic genius - literary, dramatic, musical and artistic works. The creators of such works - our authors, dramatists, composers, lyricists, painters and sculptors - depend for their living on the exploitation of these rights.

Just as the labourer is worthy of his/her hire, so is the creator entitled to an equitable remuneration for the use of his/her work by others. In the case of a musical work, the most important of these rights can be conveniently grouped under three headings:

(i) the graphic right, i.e. the right to print or publish the music;

(ii) the reproduction right, i.e. the right to record the music; and

(iii) the performing right, i.e. the right to perform the music in public, including the right to broadcast it.

It is the last-mentioned right with which SAMRO is concerned. In other words, SAMRO controls the right of performances of music in public, broadcasting and transmission.

Before the invention of the gramophone and the radio, the composer's main income consisted of royalties on the sale of sheet music.

Electronic and digital means of performance have, however, largely displaced sheet music, so that these sales are now-a-days very small. To some extent the royalties on the sale of recordings have replaced those on the sale of sheet music. Moreover, modern methods of communication like broadcasting can use a single recording to entertain an audience of thousands or millions. This considerably limits the sales of recordings, and therefore the royalties earned. As a result of these developments, the composer's principal source of livelihood today is the performing right royalty, a fee payable by anyone who performs his/her music in public.

The Principle of Collective Administration

To reward and respect the value of an author’s (composer and/or lyricist) musical works, the owners of this property (known as intellectual property) in the world of music, most countries around the world have Copyright Acts, and South Africa is no exception. There is no formal registration requirement or any requirement for the work to be marked with a copyright claim in order to secure copyright protection in South Africa. Your work is protected by a copyright at the moment you create it in a tangible form (written copy, recorded music, filmed movie, digital data saved on a computer disk). SAMRO is such a society, and its territory of operation currently embraces the Republics of South Africa and Botswana and the Kingdoms of Lesotho and Swaziland.

Copyright lasts for the lifetime of the composer and for 50 years after his/her death. During this post mortem period SAMRO distributes any royalties to his/her heirs. In other words, these royalties constitute the composer's "insurance" for his/her dependants. Numerous Southern African composers' families have benefitted in this manner. The heirs of Solomon Linda, composer of "Wimoweh/Imbube", continue to benefit from performances of this world-renowned song.

Types of Royalties administered by SAMRO

Performing Royalties – Paid either directly (to songwriters and composers) or indirectly (through publishers) when the work is publicly performed live, broadcast, film or communicated through a diffusion service.

Mechanical Royalties – Paid by users of music who require the right to mechanically or digitally reproduce or manufacture music embodying the work onto various types of media (e.g., cassette tape, CD, cellular phones, hard-drives, etc.) for public distribution.

Needletime Royalties – Paid out to performers for the broadcast of their recorded performances. If you are an artist who has made a commercial recording which has been broadcast or played in public then you may be due for these royalty fees.

 
 



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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.