It is the unauthorised duplication of an original recording for commercial gain without the consent of the rights owner. The packaging of pirate copies is different from the original. Pirate copies are often compilations, such as the "greatest hits" of a specific artist, or a collection of a specific genre, such as dance tracks.
It is music copied and packaged to resemble the original as closely as possible. The original producer's trademarks and logos are often reproduced in order to mislead the consumer into believing that they are buying a legitimate product.
It is unauthorised recordings of live or broadcast performances. They are duplicated and sold - often at a premium price - without the permission of the artist, composer or record company.
INTERNET PIRACY: It is music being compressed, posted and transmitted globally via the internet without payment to those who invested in the creation.
Artists and the record companies who support them loose an estimated R500 million each year to piracy. Music piracy is one of the main reasons why young and upcoming local artists don't make it as artists in South Africa - The RiSA Anti-Piracy Unit is tasked with tackling the issue in South Africa.
General
Simple piracy as referred to by the IFPI, is music which has been pirated, meaning that it has been copied (duplicated) from a legitimate or pirated copy, usually by computer or obtained elsewhere without the consent of the rights holder.
There are several elements common to most pirated product of this kind. For one the packaging of pirated product differs from the original. Pirated copies are often compilations - for example, purporting to be the "greatest hits" of a specific artist, or a collection of tracks drawn from a specific genre, such as dance music. Frequently (although not always) these kinds of albums were never published or released by the rights holders.
The main feature of pirated music is the fact that on face value it doesn't look the same as the original although all sound recordings on the pirated cassette or disc are usually from a previously released legitimate album.
The following indicators will assist with the identification of pirated music:
Inlay
The artist performing the music and the name of the album may be handwritten on the inlay or printed thereon with a computer.
Only the artwork of the manufacturer of the recordable CD±R may be found on the inlay.
Usually the same inlay as was provided with the recordable compact disc (CD±R) will be used, but it will be turned around in order to be able to write on it.
The inlay will not contain any copyright notices or logos/trademarks of the rights holders.
No SID code (IFPI ????) will be found on the inner ring of readable(shiny) side of the disc.
The disc is usually a recordable or rewritable compact disc (CD±R/CD±RW) or digital versatile disc (DVD±R/DVD±RW).
The readable (shiny) side of disc will almost never be silver but gold, blue, orange, etc.
The artist performing the music and the name of the album will be handwritten on the label side of the disc or printed on a label which is then affixed to the disc.
No copyright notices and logos/trademarks of rights holders will be found on the disc.
The disc is usually duplicated by computer.
General
The pirated music disc may be sold in an unlikely environment.
The music will usually costs at least 60% less than what the legitimate copy sells for in retail
Legitimate copies of CD's sell for between R70 and R150 and music DVD's for between R100 and R250 (if on a special offer they may sell for a bit less).
Please note that in some cases music CD's and DVD's of young and upcoming artists may bear some of these features. If unsure whether you are dealing with a pirate/counterfeit CD or DVD or not, contact RiSA for assistance.
Counterfeit copies of music are copied (the inlay and the disc) and packaged to resemble the legitimate copy (original) as closely as possible. The original producer's trademarks and logos are often reproduced in order to mislead the consumer into believing that they are buying a legitimate product, for instance, the latest Zola album. Counterfeit copies were in the past replicated (the music in the form of lands and pits pressed into the plastic) in mass quantities in rogue manufacturing plants in the East. Today, as CD and DVD writers are so cheap, they are duplicated (recorded by means of a computer or stack burners) locally. The same applies to the printing on the inlay and disc.
The difference between pirated music and counterfeits lies in the way it is presented to the public.
If the label of the disc or inlay is made to resemble the original as close as possible and thereby deceive the public, it is a counterfeit copy. Usually therefore the inlay is made to resemble the original as the inlay is usually what is first observed by the public and not the disc. In relation to counterfeit music the sound recordings illegally copied onto the disc will almost always be the same as those on the original disc in order to resemble it as close as possible.
If the label of the disc or inlay doesn't resemble the original or no such original album exists (as it is a compilation of sound recordings of different albums) it is referred to as a pirate copy. In relation to the illegally copied sound recordings it may be the same as that of an original album or may be a compilation of sound recordings from different albums.
Cover versions are low cost legitimate copies of music distributed by some companies. It is low cost as the original artists are not performing the music but it is performed by sound alike artists or is only instrumental versions of the music. Thus, cover versions are not pirated or counterfeit music.
Cover versions should always state that it is a "tribute" or "recorded by" or "sax plays" or something similar on the inlay in order for the public to distinguish this music from music performed by original artists.
Cover versions usually cost in the range between R10-00 and R20-00 and are sold at various retailers, petrol stations, etc.
Why is organised crime such a focus of the global fight against music piracy?
The IFPI states that an appreciation and common understanding of organised crime will enhance cooperation between the music industry, governments and law enforcement. In turn this will promote the effective use of limited resources against organised crime groups which, if unchecked, have the potential to undermine state and commercial institutions.
Across the globe, the links between organised crime, music piracy and terrorism were documented in the IFPI publication, Music Piracy: Serious, Violent and Organised Crime (Fourth Edition). It paints a worrying picture of a world where international crime gangs flourish in the free movement of goods, services and people that are essential to legitimate commerce.
The fight against music piracy in South Africa is no longer confined to the music industry, protecting the rights of music producers, songwriters and performers, but is an issue that every citizen in the country must be involved in.
A MEMBER shall not enter into, or enforce, any contract or arrangement with one or more third parties which has the effect of denying or substantially limiting access at competitive prices to any other party to manufacturing, warehousing, selling or distribution services or facilities within the industry and within South Africa.
International treaties and national laws grant producers of sound recordings certain rights regarding those recordings. This, says the IFPI, is to ensure that there are proper incentives for companies to continue investing in the creation, production and promotion of sound recordings.
The right to copy and distribute the recordings is an exclusive right that falls within these incentives. Most countries call these copyrights, some call them 'related' or 'neighbouring' rights. These are separate to any rights that may exist in the music or lyrics that are being recorded.
Copyright has been enshrined in international law for more than 200 years and it provides the economic basis for creating and disseminating music and other forms of creative works. According to the IFPI, it is because of copyright that the music industry has been able to grow into a major contributor to today' economies. Strong levels of copyright protection have ensured that this industry has developed over many years.
It is because of copyright laws that creative people are able to make a living out of their work. Copyright protects all in the music industry - from the fledgling up-and-coming newcomer, to the high profile, well-established superstar; the independent niche label to major label record company.
It is because of copyright that law enforcers are able to take criminal action against those who copy and distribute music without the permission of the artist or record company that produced the work. Record companies can also institute civil proceedings to recover losses suffered as a result of music piracy. There are other laws [like tax and trademark laws] that are broken by music pirates but it is copyright laws that are the fundamental basis for making music piracy illegal.
The Copyright Act of 1978 states in terms of section 2 that sound recordings and musical works are eligible for copyright. In other words, the Act will grant protection to these categories of works.
The right of copying a sound recording is one of the exclusive rights that vests in the "author" of that recording and the right of copying a musical work is one of the exclusive rights that vests in the "author" of that work. The author of a sound recording is defined in Section 1 of the Act as "the person by whom the arrangement for the making of the sound recording was made" (typically a record company) whilst the "author" of a musical work is defined as "the person who first makes or created the work" (the composer or lyricists).
Copyright is infringed by (Section 23(1)) "any person, not being the owner of the copyright who, without licence of such owner, does or causes any other person to do, in the Republic, any act which the owner of the copyright has the exclusive right to do or to authorize".
Any unauthorised copying of music CDs, cassettes and vinyl records that were released less than 60 years ago (the term of Copyright) and where the composer and lyricist has not been dead for at least 50 years, will constitute an infringement of copyright in terms of South Africa's Copyright Act. It is important to remember that the buyer of a CD, cassette or vinyl record only becomes the owner of the physical product and not the intellectual property contained therein. In addition, the motive with which an unauthorised copy is made is irrelevant for the purposes of the application of the Act. The mere fact that it is unauthorised makes it an infringement in terms of the Act.
The Berne Convention for the Protection of Literary and Artistic Works is the keystone for all international copyright agreements. It is administered by the World Intellectual Property Organization (WIPO). Although there is no such thing as an "international copyright" today, most countries have agreed to basic copyright protection terms. These guarantee certain minimum rights to authors, like the right to authorize reproduction and translation of the work.
The music industry also relies on treaties that specifically protect sound recordings, including the Rome Convention, the Geneva Phonograms Convention and the WTO TRIPs Agreement.
Individual countries have developed their own copyright laws, so the length of copyright can vary from country to country. In the US, for example, copyright exists for 95 years, while in the UK, this exists for 70 years after the author's death.
The latest available government estimates in Europe and the United States value copyright-based industries respectively at 360 billion Euros and US$430 billion, representing more than 5% of GDP. It is predicted that the age of electronic commerce will see copyrighted material becoming one of the most valuable commodities to be offered and sold online.
If you decide to furnish your personal details when reporting music piracy, such details will be treated with the utmost confidentiality. If we didn't keep your information confidential we wouldn't have people reporting music piracy. As such be assured that your details will be revealed to no one if you do decide to supply as with a contact number.
In most cases we need to contact the person again to clarify information or to obtain further information. This is an integral part of our investigation and as such almost always ensures that we can conduct and finalise our investigation much faster. If you do qualify for a reward we also need your information in order to secure payment to you. We also prefer having your contact details while we are investigating a case in order to keep you updated of progress.
Finally, the decision on whether to supply your details or not is up to you and we will respect your decision.
The methods of reporting music piracy are:
Email:piracy@risa.org.za
Fax: 011-8868553
Telephone: 011-8861342
Mail: The Anti-Piracy Unit (RiSA), P.O. Box 367, Randburg, 2125
A new licensing dispensation took effect on July 1st 2011 when RiSA was mandated by its members to collectively license the reproduction or mechanical rights in sound recordings to users including manufacturers of Digital Jukeboxes.
During the 2018 AGM members adopted a new MOI and resolved that their mechanical rights in sound recordings shall be handled by RiSA Audio Visual (RAV). Any person/entity who makes use of sound recordings in their respective business environments, and such usage involves the dubbing of sound recordings, require authority in the form of a license from RAV.
For more information on RAV please visit the RAV website or request further information via email to admin@risa.org.za