Transcript Composers Association of South Africa

Composers Association of South Africa
Concept Document Prepared for Discussion by Interim Board of
Directors as established by the Steering Committee for the
establishment of CASA
24 March 2005
Outline
1.
Introduction
2.
Background
3.
The Concept
4.
Rationale
5.
Differentiation
6.
The Name
7.
Membership
8.
Key Activities
9.
Structure
10. Operations
11. Funding
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1. Introduction
This document is intended to, principally, give a concept of what CASA is and does. It is
not a businessplan or a constitution but a brief description of the organisation, its
reasons to exist as well as how it intends to sustain its existence.
The process of developing a businessplan is underway while the constitution has been
completed and is available on the CASA website or on request.
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2. Background
The tradition and essence of copyright legislation is to protect and formalise the manner
in which the creative works (or “works of the spirit”) are exploited for commercial
reasons. Among the creative works listed in Section 2. (1) of the Copyright Act no.
98 of 1978 are the musical works. This protection in law however has not been a
guarantee for success of the creators of such musical works.
Collective Administration and Management Societies (CAMS) exist throughout the
world in order to give effect to the protection given by the Copyright Acts. Their
specific mandate is to licence the exploitation of musical works based on the
various permutations of the assignments and / or exclusive licensing of rights to
such entities. By their very nature therefore, CAMS are primarily concerned with the
musical works under copyright as opposed to the composer or lyricist per se.
In practice however, CAMS have been involved in the welfare of composers and lyricists
who have assigned their copyright to them. It is for this reason that in South Africa
there are provisions for non-contributory Funeral Benefit Schemes as well as
Retirement Annuity Fund under the social deductions permitted through the
international affiliation to the International Confederation of Societies of Authors and
Composers (CISAC). On the cultural front these societies have become involved in
a number of activities to encourage the development of the arts and culture in South
Africa. This, again, is also an international practice of similar societies.
With all these in place however, there is a continuing need for composers and lyricists
to organise themselves in order to nurture and further enhance their professional
interests. The culture of writers’ guilds, of both literary and musical works, has
continued in developed countries over the last few centuries. These guilds were
critical to the encouragement of high quality work as well as the furtherance of
these professions.
It was with this realisation that, after a series of consultative meetings initiated by the
Southern African Music rights Organisation (SAMRO), a steering committee that
would oversee the establishment of CASA was formed. The intention of the process
is to ensure that the gap that exists in terms of a body that is focused on the
furtherance of the professional interests of composers and lyricists is closed.
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3. The Concept
CASA is a membership-based body or association, registered as a non-profit seeking
Section 21 Company, of professional and semi-professional composers/ writers of
musical works and lyricists, with a specific focus being the furtherance of the
professional careers of its members.
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4. Rationale
1.
Membership based – It is established for a specific group of people who will
subscribe to its focus, scope and statutes and will not claim to represent anybody
outside of that circle. This is important as it ensures that those that are involved in
carrying out specific activities on behalf of CASA have an express mandate of its
membership.
2.
Section 21 Company – It is a non-profit organisation as it will not engage in
activities with a motivation to make profit. This further enables the organisation to
comply with the necessary tax and legal requirements for companies of such a
nature. The company model ensures that the organisation’s statutes are set up in
line with the requirements of the Companies’ Act of 1973 as well as a number of
corporate governance guidelines.
3.
Professional and semi-professional members – It is important that the
organisation is focused and does not try to be everything to everybody. The focus
on professional and semi-professional membership will enable the development of a
specific and relevant agenda for the organisation.
a.
Professional in this case means individuals who derive their livelihood
primarily from composing musical works and the writing of lyrics.
b.
Semi-professional in this case means individuals who derive a significant
portion of their income from composing and writing lyrics but may also be
involved in other activities that may or may not be related to the music
industry.
4.
Furtherance of professional careers – It is important that at the core of the
agenda and key activities of CASA will be a clear understanding that all of that is
done to ensure that its members’ careers are enhanced and a platform for ongoing
development is created. This therefore makes CASA a dynamic organisation in
pursuit of its members’ excellence.
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5. Differentiation
CASA is not a Trade Union as is known in a South African context, nor a CAMS.
As opposed to a trade union, CASA will deal with issues broader than just the
conditions of employment on a collective bargaining basis. This role will continue to
be played by the existing and future trade unions and CASA will, where appropriate,
support such activities. In most cases, members of CASA may, by their free choice,
become members of a trade union.
CASA is also not a CAMS as it will not be engaged in collecting or distributing royalties
on behalf of its members. Such functions will be left to existing and future CAMS
and membership of at least one of the CAMS in South Africa will be mandatory to
CASA members.
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6. The Name
The name Composers Association of South Africa is meant to indicate that the
organisation is established for composers, and in this case it includes lyricists, and
it intends to operate nationally. Although at the initial stages the main activities will
be taking place in Johannesburg, it seeks to assume a national character.
The acronym CASA will be also be used to refer to the organisation
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7. Membership
Membership Categories
•
Ordinary membership – This will be restricted to professional and semiprofessional composers and lyricists.
– Professional in this case means individuals who derive their livelihood
primarily from composing musical works and the writing of lyrics.
– Semi-professional in this case means individuals who derive a significant
portion of their income from composing and writing lyrics but may also be
involved in other activities that may or may not be related to the music
industry
Role and benefits
– Participation in all activities of CASA
– Eligible for election to any committee or sub-committee of CASA
– Has one vote at the AGM and other special General meetings of the
members
– Entitled to enjoy all the services of CASA in accordance with its constitution
and businessplan.
•
Associate membership – This will be accorded to up and coming composers who
are members of CAMS but are currently not earning royalties.
•
Affiliate membership – This will be open to all composers’ or songwriters’
organisations.
•
Honorary membership – This may be extended to individuals who have rendered
notable service to the Association or the music industry generally, subject to
members’ approval at an Annual General Meeting.
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8. Key Activities
1.
2.
3.
4.
5.
Contracts and Advisory Services
•
Development and publication of sample contracts and templates
•
Testing of validity of specific contracts / clauses in court where necessary
•
Facilitation of individual contract advisory services (this may be at a fee
depending on the businessplan guidelines)
•
Organising seminars and debates on specific types of contracts
Representation and Lobbying
•
Representing composers on Boards and or special committees within the
industry
•
Commenting on public position papers and other documents relating to
regulatory, governance and industry matters.
•
Lobbying government, regulatory bodies, CAMS and other groups in the
interest of members
Networking and Information Dissemination
•
Organising socio-business functions for members. (This may be limited to not
more than two functions per year.)
•
Developing and maintaining an accessible and searchable database of
members
•
Developing an appropriate publication for members
•
Conducting seminars and workshops on relevant topics
•
Maintaining an informative and usable website
International Linkages
•
Creating opportunities for members to participate in relevant international
activities
•
Keeping a database of international composer and lyricist events.
•
Arranging exchange programmes and study tours wherever possible
Development Work
•
Undertaking social involvement programmes which will involve members
•
Running workshop and clinics for aspiring composers
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9. Structure
Members
(AGM)
Board of Directors
Secretariat
Board
Sub-Committees
Working Groups /
Task Teams
Audit Committee
Contracts and
Advisory Services
Membership
Representation & Lobbying
Remuneration
Networking and
Information Dissemination
Finance Committee
(Sponsorships and
fund raising)
International Linkages
Development Work
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9. Structure …
This structure is such that it allows for maximum participation by the members
1.
The Board of directors will be elected by the members at an AGM on a rotational
basis according to the provisions of the constitution. The size of such a Board is
also the provision of the constitution.
2.
The Board subcommittees will be of a permanent nature and will consist of no less
than two but not more than three members of the Board of Directors. The other
members will be appointed by the Board from the broader membership of which at
least one will be a founding member. This last condition will only subsist for the first
ten years of CASA’s existence after which it may be reviewed.
3.
The working groups or task teams will be task-focused groups chaired by one of the
members of the Board of Directors excluding the Chairman and the Vice-Chairman.
Each of the task team may have only one member of the Board of Directors and the
rest of its membership must be drawn form the Ordinary Members of CASA.
The number of working groups will be determined by the number of key activities
the organisation has.
The size of the working groups will depend largely on the task at hand and once
constituted, the working group will have the power to co-opt additional members
based on their specialised expertise.
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10. Operations
The operations of CASA will be carried out by the secretariat, whose Chief Executive
and senior staff will be appointed by the Board of Directors.
In recognition of the fact that CASA is still at its infant stages, the secretariat role will be
carried out, to a limited extent, by SAMRO Endowment for the National Arts (SENA)
under its organisational incubation programme.
Notwithstanding the secretariat role that SENA will play in the initial stages, the Board
of Directors and its various working groups will be involved in mobilising the
organisation’s delivery. This will be achieved largely through the level of activity and
structure of the working groups.
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11. Funding
CASA’s funding to enable it to carry out its mandate will be derived form the following
sources:
1.
Membership fees – It shall remain the responsibility of each individual member to
pay their membership fees as may be from time to time determined at the AGM.
The Board may explore means and ways of collecting the fees, which may be
comfortable for members but this does not in any way take away the members’
responsibility.
2.
Sponsorships – The Finance committee of the Board will be responsible for raising
funds including securing sponsorships on terms that are acceptable to the broader
membership.
3.
Fund Raising Activities – Although this remains an option for the funding of CASA,
the organisation will attempt to limit these to a minimum in order not to turn the
whole focus of CASA on becoming a fund raising organisation.
4.
Donations and Bequests – Members will be encouraged through the Finance
Committee to consider donations outside of the normal subscriptions. Furthermore
members will be encouraged to make bequests towards CASA.
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End
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