Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      Frogfoot plots acquisitions as Octotel and MetroFibre weigh a merger - Shane Chorley

      Frogfoot plots acquisitions as Octotel and MetroFibre weigh a merger

      2 October 2026
      Home affairs pulls the plug on the green ID book - Leon Schreiber

      Home affairs pulls the plug on the green ID book

      1 October 2026
      South Africa's digital ID is here - but you can't have it yet - Leon Schreiber

      South Africa’s digital ID is here – but you can’t have it yet

      1 October 2026
      Lexi Novitske, general partner at Norrsken22, on the TechCentral Show

      TCS | Norrsken22’s Lexi Novitske on how China is winning African tech

      1 October 2026
      Eskom waives rooftop solar fees, but the registration fight isn't over

      Eskom waives rooftop solar fees, but the registration fight isn’t over

      1 October 2026
    • World
      BMW restructuring plan bets on AI and new models

      BMW restructuring plan bets on AI and new models

      1 October 2026
      OpenAI's rogue agent problem keeps getting bigger - Sam Altman

      OpenAI’s rogue agent problem keeps getting bigger

      28 September 2026
      The new battle over the desktop

      The new battle over the desktop

      23 September 2026
      AMD is now worth a trillion dollars - Lisa Su

      AMD is now worth a trillion dollars

      22 September 2026
      Anthropic weighs new model launch to blunt OpenAI's Astra surge - Anthropic CEO Dario Amodei and OpenAI CEO Sam Altman

      Anthropic weighs new model launch to blunt OpenAI’s Astra surge

      21 September 2026
    • In-depth

      10 days that changed the course of AI

      21 September 2026
      Meta to the AI industry: slow down without us - Mark Zuckerberg

      Meta to the AI industry: slow down without us

      16 September 2026
      Google DeepMind CEO Demis Hassabis. Image: John Sears

      The plan to stop AI from breaking the world

      16 July 2026
      The internet has a Strait of Hormuz problem

      The internet has a Strait of Hormuz problem

      15 July 2026
      AI boom sparks rally, frenzy and fear

      AI boom sparks rally, frenzy and fear

      11 June 2026
    • TCS
      TCS | Dominic White and Adam Ely on AI agents going rogue

      TCS | Dominic White and Adam Ely on AI agents going rogue

      29 September 2026
      TCS | Octotel's Trevor van Zyl on the fibre merger question

      TCS | Octotel’s Trevor van Zyl on the MetroFibre merger question

      16 September 2026
      Meet the CIO | Shoprite's Chris Shortt on what a supermarket becomes

      Meet the CIO | Shoprite’s Chris Shortt on what a supermarket becomes

      9 September 2026
      Rubicon's EV charging network is profitable - and growing fast - Watts & Wheels

      W&W | Rubicon’s EV charging network is profitable – and growing fast

      8 September 2026
      Winstone Jordaan on building a national EV charging network

      Winstone Jordaan on building a national EV charging network

      2 September 2026
    • Opinion
      South Africa's next energy crisis is in the accounts department - Craig Holmes

      South Africa’s next energy crisis is in the accounts department

      29 September 2026
      The steam engine lesson AI doomsayers keep missing - Sam Clarke

      The steam engine lesson AI doomsayers keep missing

      28 September 2026
      Regulating AI: apply the laws we have first - Dirk de Vos

      Regulating AI: apply the laws we have first

      21 September 2026
      What Revolut can and cannot take from South Africa's banks - Pambos Soteriades

      What Revolut can and cannot take from South Africa’s banks

      15 September 2026
      The end is nigh, and the shares go on sale in October - Duncan McLeod

      The end is nigh, and the shares go on sale in October

      14 September 2026
    • Company Hubs
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • Ascent Technology
      • AvertITD
      • BBD
      • Braintree
      • CallMiner
      • CambriLearn
      • CM.com
      • Contactable
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • Kaspersky
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Publishared
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Telviva
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Vox
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • HealthTech
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
      • Watts & Wheels
    • Events
    • Advertise
    TechCentralTechCentral
    Home » Sections » Broadcasting and Media » Pay back the royalties!

    Pay back the royalties!

    By Roberto Barreiro28 July 2020
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    Get breaking news on WhatsApp

    The author, Roberto Barreiro, argues that

    It has been widely reported in recent months that the SABC owes about R250-million in unpaid royalties to musicians and other artists.

    If you’re an active user of social media platforms, you may have encountered posts by David Scott, an artist and founder of the electronic act known as The Kiffness. Apart from producing music, Scott is a master at creating amusing satirical videos, which are often linked to current affairs in South Africa.

    If you review Scott’s social media pages, however, you will notice that there is one topic that has no humour attached to it: royalty payments to musicians and other artists.

    It is noteworthy that royalties emanate from the laws regulating copyright. In South Africa, the Copyright Act of 1978, which is currently being amended (controversially), provides certain requirements that have to be met for copyright to vest in a work. They are:

    • The work must be original, meaning it hasn’t been copied;
    • It must be reduced to material form; and
    • It must be authored by a qualified person. In the case of a natural person, the word “qualified” refers to a South African citizen or someone who is domiciled or resident in South Africa.

    Once these requirements are met, the general rule is that the author of the work becomes the owner of the copyright. In the case of musical works, the author is the person who first makes or creates the work. In the case of sound recordings (which embody musical works), the author is considered to be the person who arranges for the recording to be made. Therefore, there is no formal registration procedure that needs to be followed, as is the case with other forms of intellectual property such as patents, designs and trademarks.

    The owner of the copyright in both musical works and sound recordings have the exclusive rights to authorise the broadcasting thereof, which is known as the “needletime right”. It is illegal to broadcast a musical work or a sound recording without the copyright owner’s permission, or without payment of a royalty to the owner of the copyright in the relevant work. The royalty amount payable should be determined by agreement between the user of the musical work or the sound recording, and the owner of the copyright or their particular collecting society. There are several collecting societies in South Africa, including the South African Music Rights Organisation (Samro) and the South African Music Performance Rights Association (Sampra).

    If there is no agreement as to the amount of royalties payable, either party has the right to approach the Copyright Tribunal for a determination of the applicable royalty rate.

    In the case of National Association of Broadcasters v South African Music performance Rights Association (2014), the supreme court of appeal found that in context of radio broadcasting, royalties should be calculated taking the broadcasters revenue into account. This case dealt with the rate of royalties payable by radio stations to Sampra for playing sound recordings belonging to members of Sampra. The court provided the following formula to calculate royalties: A/B x (C x 3)/100 . The description of each of the variables in the formula is as follows:

    • A is the amount of time used by a radio station in any period to broadcast the sound recordings administered by Sampra;
    • B is the total amount of time used by a radio station in that period to broadcast editorial content (all content except for advertisements); and
    • C is a radio station’s net broadcasting revenue based on what is certified by its accountants and confirmed in its financial statements.

    The legal framework surrounding royalty payments is sound. However, to a large extent, musicians still find themselves in a position where they are underpaid and undervalued. The work Scott has done in alerting South Africans to the injustice that artists experience is admirable, to say the least. As a result of his efforts, the SABC has, albeit slowly, commenced the process of paying outstanding royalties to artists. This small victory may pave the way for the injustice being corrected entirely soon.

    • Roberto Barreiro is candidate attorney at law firm Kisch IP
    Add TechCentral as a preferred source on GoogleFollow TechCentral on Google NewsGet breaking news on WhatsApp


    David Scott Roberto Barreiro SABC Sampra Samro The Kiffness top
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleTop tips for successful automation
    Next Article IMF grants R71-billion to South Africa in biggest virus loan

    Related Posts

    Inside the 2026 Rising Star judging week

    Inside the 2026 Rising Star judging week

    15 September 2026
    South African talk radio is now searchable - Locl.co.za

    South African talk radio is now searchable

    28 August 2026
    Still no end in sight to South Africa's digital migration saga

    Still no end in sight to South Africa’s digital migration saga

    17 August 2026
    Company News
    Cloud and AI won't deliver value on their own, executives warn

    Cloud and AI won’t deliver value on their own, executives warn

    1 October 2026
    Dell Technologies Forum 2026: what to expect in Johannesburg

    Dell Technologies Forum 2026: what to expect in Johannesburg

    1 October 2026
    What Smollan learnt moving 9 000 users to Google Workspace - Digicloud Africa

    What Smollan learnt moving 9 000 users to Google Workspace

    1 October 2026
    Opinion
    South Africa's next energy crisis is in the accounts department - Craig Holmes

    South Africa’s next energy crisis is in the accounts department

    29 September 2026
    The steam engine lesson AI doomsayers keep missing - Sam Clarke

    The steam engine lesson AI doomsayers keep missing

    28 September 2026
    Regulating AI: apply the laws we have first - Dirk de Vos

    Regulating AI: apply the laws we have first

    21 September 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    Frogfoot plots acquisitions as Octotel and MetroFibre weigh a merger - Shane Chorley

    Frogfoot plots acquisitions as Octotel and MetroFibre weigh a merger

    2 October 2026
    Home affairs pulls the plug on the green ID book - Leon Schreiber

    Home affairs pulls the plug on the green ID book

    1 October 2026
    South Africa's digital ID is here - but you can't have it yet - Leon Schreiber

    South Africa’s digital ID is here – but you can’t have it yet

    1 October 2026
    Lexi Novitske, general partner at Norrsken22, on the TechCentral Show

    TCS | Norrsken22’s Lexi Novitske on how China is winning African tech

    1 October 2026
    © 2009 - 2026 NewsCentral Media
    Built and maintained by Chronon
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}
    🇿🇦 Sign up to the TechCentral newsletter