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Panel nº3: ''The Future Landscape: Needs and Trends in African Performers' Rights''

 

Introduction:

This panel will discuss the shift in music and AV content consumption in Africa and the correlating need for a strong legal ground for performers' rights.

The panellists will share their insight on how the current regulatory and governance challenges impact current and future performers' rights.

Aziz Dieng   -  Musician and Consultant

Musician with a distinguished career, he studied sociology in Paris from 1975 to 1987 and attended the American School of Modern Music in Paris. During this time, he worked as a professional musician with various singers, notably Baba Maal. His passion for music led him to create the "Midimusique" studio, which became renowned in the 1990s for recording most of Senegal's artists, including the country's top rappers.

From 1999 to 2012, he served as President of the Senegalese Métiers de la Musique Association, playing a crucial role in advancing the music industry in Senegal. Since 2012, he has been a technical advisor to various ministers of culture in Senegal, contributing his expertise to the development of cultural policies.

His international influence is also notable. From 2018 to 2023, he served successively as Vice-President, Acting President, and President of the Standing Committee on Copyright and Related Rights at the World Intellectual Property Organization (WIPO), reflecting his commitment to the protection of intellectual property rights globally.

 

Patrick Matlapeng  -  Documentation and Distribution Manager at the Copyright Society of Botswana

As Documentation and Distribution Manager, Visual Artist, Archives and Records Management, Project Management and Intellectual Property Management Professional. Patrick Matlapeng has worked with COSBOTS “Copyright Society of Botswana” since 2010 for more than 13 years, in the domains of copyright and collective management of copyright and related rights. Mr. PM. Matlapeng has a vast knowledge of Intellectual Property, especially on Copyright and neighbouring rights, documentation, and distribution of artists and artistic works.

Mr. Matlapeng was one of those entrusted with the great responsibilities of implementing the Documentation and Distribution department policies following the newly reviewed Copyright and Neighbouring Rights Act CAP 68:02. He worked with World Intellectual Property Organisation (WIPO), namely coordinating the deployment and management of IT infrastructure for copyright administration on technical and business aspects at COSBOTS; facilitating best documentation and royalty distribution practices; assisting in the implementation of digital platforms and helping in fast-tracking project activities aimed at promoting the arts industries in Botswana under the Integrated Arts Development Project.

Kadi Petje  -  Senior Manager: Copyright CIPC at the South African Dept of Trade Industry

Mr Kadi Petje holds BProc (UL) and LLB (Unisa) degrees.

He is currently a Senior Manager at Companies and Intellectual Property Commission (CIPC) with more than 20 years’ experience in intellectual property.

He has participated in the Copyright Amendment Bill and Performers Protection Bill and continues to form part of South African delegation at World Intellectual Property Organization (WIPO) discussions.

He participated in the Diplomatic Conference on the protection of audio visual performances which concluded the Beijing Treaty in 2012.

In his role in intellectual property education and awareness at CIPC, he is currently delivering WIPO SA IP Summer School and Technology Transfer and World Intellectual Property Day annually.

Carlynn de Waal-Smit  -  Managing Director of the South African Screen Performers Rights Organisation (SASPRO)

Carlynn de Waal-Smit studied Dance and Musical Theatre at Pretoria Technikon receiving a diploma in Dance and Teaching, she went on to be a Company and Stage Manager for a dance company where she began her working career just as South Africa’s Democracy was born in 1994.

Living and working in the UK in 1995, Carlynn took up a position in middle management, where she gained additional business, management and communication skills. On her return to SA in 1996, she went back to Stage Management for a short stint. The opportunity arose to start working at Contractors Artists in the same year, a family business as an artist management agency, facilitating careers and managing performers in the professional entertainment industry. Contractors is a member of the PMA (Personal Managers Association) where Carlynn held the position of Vice Chairperson for many years.

She has been involved in the industry for almost three decades and continues to liaise with directors, producers, casting directors, production managers, advertising executives and artists facilitating productions of all natures. Her understanding of conditions, common practice, contracts and systems in the industry continues to add value to the media business and brings about a team environment for the benefit of each project.

The growing decline in standards in the industry and the rights of performers inspired her to collaborate with a few performers and initiate a Guild for Actors – SAGA South African Guild of Actors was born and officially Constituted in 2009. She continues to advocate for actors on every possible platform and every opportunity so that reform and regulation can happen in the South African industry. This is a social justice issue that inspires her to leave things in a better place than where she found it.

Moderator: Pr. Malebakeng Forere  Associate Professor at the University of the Witwatersrand

Malebakeng Forere is an associate professor of law at the University of the Witwatersrand. She holds a BA Law and LL.B from Lesotho, an LL.M degree from Essex, United Kingdom and a PhD from Bern, Switzerland.

Professor Forere lectures, supervises and researches in the areas of international investment law and intellectual property law. Relevant to the event that we are gathered here for, Professor Forere's research publications include the following:

  1. Forere, "The South African music landscape and the Copyright Amendment Bill" (2023) Journal of Legal Anthropology
  1. Forere et al, "Copyright reform in South Africa: two joint academic opinions on the Copyright Amendment Bill [B13B-2017]" (2022) Potchefstroom Electronic Law Journal
  1. Forere, "Reforming the right to remuneration in the South African Copyright Amendment Bill" (2021JOINT PIJIP/TLS RESEARCH PAPER SERIES
  1. Forere, "Keeping up with the developments in technology : a look into the music industry and the copyright laws in Southern Africa" (2019) South African Intellectual Property Law Journal
  1. Forere, "Protecting Copyrights and Neighbouring Rights in the Music Industry in Southern Africa: A Need for Regulatory" (2018) African Journal of International and Comparative Law