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Appendix 6 - International Music Council

Appendix 6 - International Music Council

Appendix 6 - International Music Council

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The MITT recommends that where artists consider contracts to be unfair, record<br />

companies and music publishers should renegotiate these contracts with artists in good<br />

faith, in line with contemporary industrial relations.<br />

The MITT further recommends that:<br />

• If necessary, the Minister brings the influence of his office to bear on record<br />

companies in this regard.<br />

• The cut off point for contracts open to renegotiations in this regard is contracts<br />

concluded before 1994.<br />

• This process does not prejudice artists taking whatever action they see fit<br />

regarding contracts signed after 1994.<br />

Social security<br />

As freelance workers, the majority of musicians and related workers do not have access<br />

to rudimentary social security.<br />

Recommendation 14:<br />

The MITT recommends that DACST work with relevant insurance institutions to pursue<br />

the best mechanisms to fund and administer social security within the entertainment<br />

industry, in collaboration with MUSA and ASAMI. 26<br />

Ombudsman<br />

The music industry suffers from a relatively high number of complaints and disputes. At<br />

present, largely because most musicians and related workers fall outside of the ambit of<br />

labour legislation and do not have access to legal recourse, adequate arbitration or<br />

resolution mechanisms do not exist.<br />

Recommendation 15:<br />

The MITT recommends the establishment of an Ombudsman for the music industry in<br />

order to resolve disputes in a manner that promotes self-regulation, entrenches minimum<br />

standards and ethical practice, and enforces a code of conduct.<br />

The MITT further recommends that:<br />

• Stakeholders in the music industry jointly fund the office of the Ombudsman;<br />

• DACST drive this initiative;<br />

26 Recommendation 6 suggested that part of the blank tape levy be used to fund this social security for<br />

musicians<br />

496

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