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of daily broadcasting by radio stations, who often broadcast sound
recordings on a request basis. If in each event prior permission is
required for such broadcasting, the radio station would be unable
to play sound recordings for which they don’t have prior consent.
Taking it a step further, such a requirement would probably ‘force’ radio
stations to exclusively broadcast only sound recordings of collecting
societies with whom they have prior agreements in place regarding
broadcasting of sound recordings which meet the requirements of the
Copyright Bill. Although stations invariably already make extensive use
Commercial to rights in copyright works and negotiates, collects and distributes
of collecting societies which amongst others manage matters relating
royalties and benefits on behalf of its members and copyright owners,
the proposed amendments would effectively slam the door on
independent managers or copyright owners not belonging to such
collecting societies, as a radio station would not want to run the risk
of a claim or dispute over copyright infringement for playing a sound
recording for which it does not have prior consent.
The Copyright Bill also leaves room for interpretation as to how and to
whom the royalty payments for the broadcasting of sound recordings
must be distributed. Again, it seems to drive the broadcaster into the
arms of the collecting society with which clear royalties and fees have
been established rather than run the risk of having to identify and
approach the various parties indicated in the Copyright Bill regarding
consent.
Although the Copyright Bill does not force anyone to join a collecting
society, you are correct in that it does by implication create more
hurdles for a broadcaster to work with independent managers or
copyright owners and could therefore impact on radio stations playing
your music.

The Copyright Bill has not been finally promulgated and one can only
hope that the Legislature will look carefully at some of the provisions
that still raises concern. In the interim we would advise you to monitor
the situation and acquaint yourself with the procedures for how a
broadcaster must notify and obtain consent from a copyright owner.

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