N.B. Section 6
of the Copyright Act No. 98 of 1978 as amended, provides that
copyright in a literary or musical work vests the exclusive
right to do or to authorise the doing of any of the following
acts in the Republic, in the copyright holder.
(a) reproducing the work in any other manner or
form;
(b) publishing the work;
(c) performing the work in public;
(d) broadcasting the work;
(e) causing the work to be transmitted
in a diffusion service, unless such service transmits a
lawful broadcast, including the work, and is operated by
the original broadcaster;
(f) making an adaptation of the work, any
of the acts specified in relation to the work in paragraph
(a) to (e) inclusive. Therefore any person who makes or
authorises any of the foregoing without the consent of the
copyright holder may be guilty of an offence in terms of
Section 23 read with Section 27, of the said Act.
1. The rates in the accompanying schedules
apply only to music contained in our members' Production Music
Recordings. In case of any other music, enquiry in advance
of recording is essential, when rates will be quoted for classifications
and territories decided upon by our members.
2. The rates in the accompanying schedules
apply only to background music, which is defined as that music
heard by viewers as accompaniment to the production but which
is neither performed by, nor heard by, any characters taking
part. For further clarification, it is expressly stated that
a studio audience is considered to be taking part in the production.
Any music, which is not background music, as defined herein,
is regarded as visual or featured. There will however, be
no difference in the rates charged for either type of usage.
3. A Production Music Cue Sheet must be
submitted, before the production is transmitted, distributed,
shown, exhibited, sold, hired, or in any way exploited. Any
application for a licence should be accompanied by a full
and correct music cue sheet. Failure to obtain a licence or
giving of incorrect information of any kind, is an infringement
of copyright and entitles the owner to an interdict, damages
and other relief, in terms of the provisions of the Copyright
Act No. 98 of 1978, as amended
4. It should be emphasised that no film licence
(classification F1, F2 and F3) covers the use of the production
for any type of television transmission or videogram use and
vice versa. Furthermore a separate licence for each medium
will always be issued.
5. Films intended for home movie hire or
retail sale distribution will be covered by NORM’s licence.
6. A trailer for theatrically distributed
films containing Production Music, not used in the fulllength
film soundtrack, will be licensed under F1 classification.
7. Any usage of our members' Production Music Libraries not
expressly stated in these notes to the accompanying rates
schedules are prohibited and subject to special application.
No addition of lyrics to or arrangements of the music contained
in the library discs may be made without applying for and
obtaining written permission from NORM.
8. Licences issued persuant to these notes
and accompanying schedules do not sanction copying of the
production or any part of it in any form for the purpose of
retail sale of home hire to the public. The only exceptions
to the above being licences issued under category V1 of the
Tariff. 9. Productions which have been altered in either sound
or visual content including cut down versions, are considered
to be separate productions and attract a separate licence
and fee.
10. Use of music in Radio, Film or Television
advertisements: No permission prior to recording is required,
provided notification is made to NORM in the form of a Cue
Sheet and a licence is obtained and paid for in accordance
with the accompanying schedules and these notes prior to exploitation.
SCHEDULE OF RATES ARE REVIEWED ANNUALLY |
