The Federated Hospitality Association of South Africa (Fedhasa) says it has approached the high court for relief to determine the legality and scope of the in-room television licensing fees imposed by the South African Music Rights Organisation (Samro).
Samro is tasked with administering music rights, including broadcasting and public performance rights on behalf of its members, who are composers, authors and publishers of musical works.
Fedhasa says for more than three decades, members of the hospitality industry have complied with Samro's licensing regime, paying annual fees for the use of music in common use and public areas, such as restaurants, bars, foyers, conference facilities and outdoor entertainment spaces, including poolside areas.
It said in 2022/2023, Samro introduced an additional licensing fee applicable to the same hospitality establishments, specifically for music accessed via television sets in individual guest rooms.
“This newly introduced fee is charged on a per-room, per-TV basis, over and above the existing common area music licence fee,” Fedhasa said in a statement on Friday.
In seeking to address this matter on behalf of its members and the broader hospitality sector, Fedhasa said it engaged with Samro to explore a resolution.
“Despite discussions, the parties were unable to reach a mutually acceptable position on this issue.”
Fedhasa decided to approach the court to obtain judicial clarity on the legality and scope of these additional licensing fees.
Fedhasa acknowledged the vital role of Samro in supporting South African music creators and said it remained committed to upholding the legal and ethical use of music within the hospitality sector.
“It is Fedhasa's hope that the outcome of this court process will provide certainty to both the hospitality industry and Samro and that it will strengthen the ongoing working relationship between the two organisations in a manner that is fair, transparent and sustainable for all stakeholders.”
TimesLIVE
Fedhasa approaches court to determine legality of licensing fee imposed by Samro
Journalist
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The Federated Hospitality Association of South Africa (Fedhasa) says it has approached the high court for relief to determine the legality and scope of the in-room television licensing fees imposed by the South African Music Rights Organisation (Samro).
Samro is tasked with administering music rights, including broadcasting and public performance rights on behalf of its members, who are composers, authors and publishers of musical works.
Fedhasa says for more than three decades, members of the hospitality industry have complied with Samro's licensing regime, paying annual fees for the use of music in common use and public areas, such as restaurants, bars, foyers, conference facilities and outdoor entertainment spaces, including poolside areas.
It said in 2022/2023, Samro introduced an additional licensing fee applicable to the same hospitality establishments, specifically for music accessed via television sets in individual guest rooms.
“This newly introduced fee is charged on a per-room, per-TV basis, over and above the existing common area music licence fee,” Fedhasa said in a statement on Friday.
In seeking to address this matter on behalf of its members and the broader hospitality sector, Fedhasa said it engaged with Samro to explore a resolution.
“Despite discussions, the parties were unable to reach a mutually acceptable position on this issue.”
Fedhasa decided to approach the court to obtain judicial clarity on the legality and scope of these additional licensing fees.
Fedhasa acknowledged the vital role of Samro in supporting South African music creators and said it remained committed to upholding the legal and ethical use of music within the hospitality sector.
“It is Fedhasa's hope that the outcome of this court process will provide certainty to both the hospitality industry and Samro and that it will strengthen the ongoing working relationship between the two organisations in a manner that is fair, transparent and sustainable for all stakeholders.”
TimesLIVE
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