The Creative Workers Union of South Africa (CWUSA) is disappointed at the new plot by SABC and its cronies (PRIMEDIA and Kagiso Media) to even worsen the much-highlighted plight of artists who continuously die poor regardless of their popularity even abroad like in the case of Mahlathini.

This is following the Supreme Court of Appeal’s decision to reduce the needletime rate from 7% to 3%, which is almost the lowest in the world following India’s royalty, which is at 2% whilst it said that, SA Broadcasting industry is the highest profitable in the world.

The decision by the Supreme Court of Appeal was misled by the lies told by the broadcasters including SABC, which holds 75% of radio stations in South Africa.

The following are the samples of lies told by broadcasters against performers and record companies’ right to earn a reasonable royalty based on the confirmed highest profitability in the world enjoyed by SA broadcasters:

1. If broadcasters were to pay 7% as set by the Copyright Tribunal, broadcasters would stop using recordings by artists and record companies, and use session musicians.

It is for this reason we calling upon cancellation of set/proposed and any future live recordings including the unplugged sessions, the Y-Lounge, Afro Cafe amongst others as such are what would replace royalty-based usage of original artists’ music recordings in line with the above argument. The broadcasters can use these live recordings as they wish and further exploit them for other commercial purposes as such live recordings remain the property of the one “who commissions it” and in this case it would be the broadcasters.

2. The second lie told by broadcasters is that, in the current royalty rate as set by the Copyright Tribunal, if broadcasters were to be forced to comply and pay, “the lions share” as they put it, would be paid to foreign companies.

As CWUSA, we find this illogical and disturbing, that after all the debates we’ve had with SABC regarding the local content versus foreign content, the view strongly held by radio stations especially those that are under SABC, has been that they are actually playing more local content even above the set quotas by ICASA as a condition for their license, but when they put their submission to the Supreme Court of Appeal, they then turn around and state that the chunk of the royalty will go abroad because of the more airplay given to foreign music against local content.

This argument lacks integrity as it fails to even acknowledge the fact that the condition that they are placing before the court as a reason for wanting to further worsen the poverty experienced by local artists by reducing the royalty rate from 7% to 3%, it is a condition caused by their own choice to play more foreign than local content.

This argument is contrary to the reports that show that SABC radio stations are complying and playing more and more of SA music as they would want us to believe so, only when it is convenient for them.

3. The 3rd lie told by SABC and its cronies to convince the Supreme Court that it was necessary to reduce the royalty rate from 7% to 3% of their advertising revenue, was that there is no correlation between music and the growth in number of their listenership.

This is regardless of the known reports that show the high listenership and revenue attracted by music based shows as opposed to talk shows.
These are just few amongst many lies told by the broadcasters under oath and in the Supreme Court of Appeal for that matter.
In light of the above, we therefore call upon:

• All artists/performers not to render their live performances for any TV or radio show

• The Constitutional Court to allow us a hearing in order to argue our case and seek protection of our Constitutional rights against this criminal act by the broadcasters,

• The Ministries of Trade and Industry, Arts and Culture, and Communications to call SABC to parliament to account on why they were party to these atrocious lies presented before SCA against even the good intentions of government to better the lives of artists who continuously die poor.

• As CWUSA, we call upon COSATU and all our sister unions to embark on a “No Radio, No TV” for a minimum period of a month, in order to deal with the SABC’ arrogance and bring it down to the negotiation table,

This is also in view of the jobs losses experienced by actors, presenters… whilst SABC is willing to pay over 80 Million annually for the licensing of foreign content like the “Bold and the Beautiful”

• We call upon all owners of music recordings in South

Africa to withdraw their music from all broadcasters in order for the broadcasters to prove to all South Africans and the Supreme Court of Appeal that there is no correlation between music and their success.
Amandla!