Johannesburg – The Southern African Music Rights Organisation NPC (SAMRO) is actively pursuing the collection of outstanding licence fees against defaulting licensees.
In some cases, SAMRO said it resorted to court action to compel defaulters to settle outstanding licence fees.
The move is aimed at protecting the interests of its members who are losing royalty income daily, SAMRO explained.
SAMRO said Tuesday that it was “pleased to report that the battle against defaulting licensees is gaining momentum and that there will be consequences to organisations that continue to break the law”.
SAMRO added that it was “pleased about the recent victory in the high court of South Africa against Nu Metro, a cinema chain with no less than 20 cineplexes across South Africa”.
The judgment calls out Nu Metro’s attempt to delay, frustrate and avoid the settlement of legitimate debts owed to SAMRO over a significant period.
The Judge described the defence by Nu Metro as “palpably implausible and so far-fetched”, and a mere “delay tactic” that warrants a “punitive cost order”.
The music rights organisation was successful in obtaining a judgment compelling Nu Metro to settle outstanding licence fees of more than R5 million, plus 10% interest.
In addition, the court ordered Nu Metro to pay SAMRO’s attorney costs.
SAMRO said it hopes that this judgment will send a clear message to all defaulting licensees.
The music rights organisation said its quest to make a valuable and lasting contribution to the lives of its members remains a priority.
“The organisation will continue to continue to use all the means at its disposal including legal action,” SAMRO said.
“Defaulting licensees will face the full might of the law and are encouraged to do what is right and ensure they comply with their legal and moral obligations.
“Ignorance and/or misunderstanding of one’s legal obligations is not a valid defence in law.”
However, SAMRO said most licensees were compliant, “and we would like to take this opportunity to commend and sincerely thank them for their ongoing support and loyalty”.
SAMRO added: “Music users are encouraged to contact SAMRO to be fully appraised of the processes and circumstances under which a licence is required when making use of copyright-protected material in order to prevent infringement of our laws, which can result in both civil litigation and criminal prosecution”.
