Licentia Franchise SA

The difference between SAMRO and SAMPRA.

SAMPRA handles Needletime royalties, which are paid to recording artists and record labels. In contrast, SAMRO administers Performance royalties, ensuring that composers, lyricists, and music publishers are compensated when their music is performed publicly.

LEGISLATION

Copyright Act of 1978 (Act No. 98 of 1978)
This act governs the control, use, and distribution of artistic and creative works in South Africa. It protects various forms of creative works, including literary, musical, and artistic works, sound recordings, and broadcasts. The copyright protection generally lasts for 50 years after the creation of the work.
Performers’ Protection Act (11 of 1967, as amended)
This act outlines performers’ rights and ensures that they are compensated when their performances are publicly utilized.

Performing Rights include three main types of rights in a musical work:

✔ The right to perform a work in public.
✔ The right to broadcast a work.
✔ The right to transmit a work via a diffusion service (such as online streaming).

Description / Interpretation

Whenever a song is broadcast or publicly performed, the copyright owners (composers, lyricists, publishers) are legally entitled to royalty income. SAMRO manages these rights on behalf of its members. This includes licensing businesses and broadcasters who play music in public places, ensuring they submit music usage reports for royalty calculations.

Important Note:

Only composers and lyricists earn performance royalties through SAMRO. Performers (like singers or instrumentalists) who haven’t written or published the song earn from performance fees and other revenues (like CD sales), but not from SAMRO royalties unless they also contributed to the song’s composition.

The difference between SAMRO and SAMPRA.

SAMPRA handles Needletime royalties, which are paid to recording artists and record labels. In contrast, SAMRO administers Performance royalties, ensuring that composers, lyricists, and music publishers are compensated when their music is performed publicly.

LEGISLATION

Copyright Act of 1978 (Act No. 98 of 1978)
This act governs the control, use, and distribution of artistic and creative works in South Africa. It protects various forms of creative works, including literary, musical, and artistic works, sound recordings, and broadcasts. The copyright protection generally lasts for 50 years after the creation of the work.
Performers’ Protection Act (11 of 1967, as amended)
This act outlines performers’ rights and ensures that they are compensated when their performances are publicly utilized.

Performing Rights include three main types of rights in a musical work:

✔ The right to perform a work in public
✔The right to broadcast a work.
✔ The right to transmit a work via a diffusion service (such as online streaming).

Description / Interpretation

Whenever a song is broadcast or publicly performed, the copyright owners (composers, lyricists, publishers) are legally entitled to royalty income. SAMRO manages these rights on behalf of its members. This includes licensing businesses and broadcasters who play music in public places, ensuring they submit music usage reports for royalty calculations.

Important Note:

Only composers and lyricists earn performance royalties through SAMRO. Performers (like singers or instrumentalists) who haven’t written or published the song earn from performance fees and other revenues (like CD sales), but not from SAMRO royalties unless they also contributed to the song’s composition.

Type of Business that Requires a SAMRO License

Businesses that publicly play music must register with SAMRO.

Licensing requirements and application forms are tailored for different types of businesses, such as:

A-H

Amusement Arcades, Clubs, Gymnasia, Hotels, etc.

I-P

Industrial Premises, Live Music Venues, Municipal Facilities, etc.

R-W

Radio & TV Broadcasters, Restaurants, Universities, etc.

Each business type requires a specific SAMRO application and must adhere to the licensing rules outlined by SAMRO, including reporting music usage.

Type of Business that Requires a SAMRO License

Businesses that publicly play music must register with SAMRO.

Licensing requirements and application forms are tailored for different types of businesses, such as:

A-H

Amusement Arcades, Clubs, Gymnasia, Hotels, etc.

I-P

Industrial Premises, Live Music Venues, Municipal Facilities, etc.

R-W

Radio & TV Broadcasters, Restaurants, Universities, etc.

Each business type requires a specific SAMRO application and must adhere to the licensing rules outlined by SAMRO, including reporting music usage.

NOTICE

A SAMRO license is non-transferable. If a business changes ownership or relocates, a new license is required. SAMRO licenses are renewed annually and must comply with local municipality bylaws.

NOTICE

A SAMRO license is non-transferable. If a business changes ownership or relocates, a new license is required. SAMRO licenses are renewed annually and must comply with local municipality bylaws.