In accordance with the provisions of Section 4 of the Performers Protection Act, the Applicant is entitled to receive a royalty in respect of the broadcasting, transmission in a diffusion service and communication to the public of a sound recording or sound recordings (“Public Playing Rights”), in respect of Sound Recordings in which the copyright vests in the Applicant.
SAMPRA has been accredited to administer Public Playing Rights as a collecting society established in terms of the Copyright Act, 1978, representing record companies and performers and acting on their behalf in the collection and distribution of royalties arising from Public Playing Rights.
The Applicant hereby applies for membership of SAMPRA and authorises SAMPRA, by way of this completed application form, to collect royalties due to the Applicant in connection with the Public Playing Rights.
In this document the words and expressions following hereunder shall have the meanings respectively assigned to them, unless the context otherwise dictates. Any reference to any term or concept referred to in the Legislation, shall be construed as a reference to such term or concept as at 1 December 2016 and to the extent that such Legislation is changed at any time thereafter, then these terms and conditions shall be amended, as far as legally possible, in order to capture the actual intention hereof as it was formulated under the Legislation as at 1 December 2016:
“Accreditation” means accreditation as a collecting society for Public Playing Rights in terms of the Regulations.
“Legislation” means collectively the Copyright Act 1978 and the Performers Protection Act and the Regulations.
“Public Playing Rights” shall bear the meaning ascribed to it in the Legislation.
“Sound Recording” means any fixation or storage of sounds, or data or signals representing sounds, capable of being reproduced, but does not include a soundtrack associated with a cinematograph film.
“The Regulations” means the Regulations on the Establishment of Collecting Societies in the Music Industry published on 1 June 2006 (Notice No.517, GG No.28894).
“Usage of sound recording” means the broadcasting, transmission in a diffusion service and/or the communication to the public and public performance thereof.
The Applicant hereby grants an exclusive mandate to SAMPRA to collect on its behalf all royalties in respect of all Public Playing Rights, or any part or interest therein (hereinafter referred to as the mandated right), which is now vested or will become vested in the Applicant during the continuance of the Applicant’s membership of SAMPRA.
The granting of the exclusive mandate shall come into full force and effect on the date of the Applicant’s signature of this document.
It is understood that SAMPRA shall hold the exclusive mandate for the purpose of empowering itself to exclusively exercise and enforce the same on the behalf of and for the benefit of the Applicant during the residue of the term for which the exclusive mandate shall subsist, or during such time as the exclusive mandate remain vested in or controlled by SAMPRA in accordance with the provisions of its Memorandum of Incorporation for the time being in force; provided that the exclusive mandate shall, in accordance with the Regulations, initially subsist for the Organisation’s current term of accreditation or the remainder thereof, and be automatically renewed for further periods of five years when the Organisation’s accreditation is each time renewed.
PAYMENT OF ROYALTIES
Subject to the provisions of clause 3.2 hereof, SAMPRA will from time to time pay to the Applicant such sums of money out of the monies collected by it in respect of the share of the royalties payable to copyright holders of sound recordings by virtue of the Usage of sound recordings incorporating performances of musical works by performers who are entitled thereto in terms of Section 4 of the Performers Protection Act, and only in respect of performances incorporated in recordings of which SAMPRA shall have been notified by the Applicant.
The Applicant hereby warrants that, at the date of this exclusive mandate, the Applicant is the owner of the exclusive right, or exclusive licensee of the exclusive right, free from any encumbrance, and that the Applicant has not assigned, ceded, transferred or made over the rights granted under the exclusive mandate to any other party, and has full power to grant the exclusive mandate to SAMPRA.
The Applicant hereby undertakes to keep SAMPRA harmless and indemnified against all judgments, liability, damages, penalties, losses and expense (including legal fees) which SAMPRA may suffer or incur in respect of any claims made upon or against it in respect of its exercise of the exclusive mandate granted in terms hereof.
The Applicant further undertakes, so long as the Applicant shall remain a member of SAMPRA, to do, execute and make all such acts, deeds, powers of attorney, assignments and assurances for better enabling SAMPRA to enforce the exclusive mandate or any part thereof, as SAMPRA may from time to time reasonably require.
The Applicant’s membership of SAMPRA and exclusive mandate to SAMPRA will last indefinitely, unless terminated in writing to the other party on 1 (one) calendar year’s notice.