Content war gets nastier - hunger strikes

Content war gets nastier - hunger strikes

By Darren Olivier   Friday, September 11, 2009   1 comment:

Readers may recall a story that broke a few months back describing how the content industry in South Africa formed a coalition (TVIEC) to protest against the SABC's IP and payment policies. The coalition staged an uprising which played a big part in forcing SABC board resignations and them begging for a government bail out. The story continues with a hunger strike.

"Accusations, counter-accusations, hunger strike, protests, name-calling, defiance, denialism, late payments, delayed procurement, deferrals and axing. These are just some of the fundamental characteristics of the local content ‘battle for survival' currently being fought between the SABC and the TV Industry Emergency Coalition (TVIEC). And it is turning nastier day after day." (Issa Sikiti da Silva).

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SABC resginations, and implosion

SABC resginations, and implosion

By Darren Olivier   Tuesday, June 16, 2009   No comments:

The television content industry (represented by the TVIEC) are able to celebrate news that their march has played a part in the resignation of three members of the SABC board with more likely to follow, and the industry's demands have achieved a reply. However, the industry remains unpaid and the SABC reply appears unsatisfactory. The industry will also be depressed to learn that the SABC also owes SuperSport nearly R100 million (approx $12million) for broadcast rights to the local Premier Soccer League, which is more than the TVIEC's combined claim, and that the SABC's R2 billion government bail-out request is unlikely to materialise soon, according to reports.

For a review of how this story has unfolded, the posts South Africa: Content Industry Marches and South Africa: Content Industry v SABC will be useful.

The Mail & Guardian carries the front page headline: SABC Implodes and Screenafrica.com has published the SABC's reply.

Co-incidentally this all happens as South Africa remembers its June 16 1976 Soweto Uprising with a national holiday.

Turning to the SABC reply dealing with intellectual property, pasted from ScreenAfrica for your convenience with comments, below:

"3. INTELLECTUAL PROPERTY

The Corporation takes the issue of intellectual property quite seriously [quite seriously!! an answer bound to incense the TVIEC] , which is why the SABC has funded research around this matter [what matter? Is this research or advice for SABC as a client? Afro Leo remembers the post "when is a failure to exploit, exploitation? which appears to be related"] A report was received in April with recommendations, and the report was shared with the Production Industry [If anyone has a copy please share it].

We are expecting the Industry to interrogate this report, and the IP subcommittee exists to deal with these issues arising from the report. An Indaba also needs to be finalized with all stakeholders such as the SABC, Production Industry and Government being involved to engage the matter. [sounds cumbersome] It must be stressed that it is not the SABC’s sole responsibility to deal with this matter [the SABC's own policy on IP ownership?!], but together with the Industry we need to approach government for assistance and guidance." [guidance - readers will recall that the govt is still suffering embarrassment by attempting, unsuccessfully, to protect and enforce what they claim to be their own intellectual property - egs include the "Springbok emblem" and "Congress of the People" disputes]

Altogether a vague and unsatisfactory response that is unlikely to appease the TVIEC. However, it does create the possibility that SA's copyright laws may be under scrutiny by the government quite soon.

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Govt requested to assist in SABC cash crisis

Govt requested to assist in SABC cash crisis

By Darren Olivier   Monday, May 25, 2009   No comments:

Afro Leo has stumbled across a damning and accusatory open letter to the Government from the Television Industry Emergency Coalition (TVIEC) concerning the South African Broadcasting Corporation (SABC). According to Tonight "Producers have complained that the SABC owes them as much as R40 million for work commissioned by the broadcaster. The SABC has acknowledged that it owes producers money, but has disputed the amount claimed." The open letter which can be located here contains allegations which include "enforced price fixing" by the SABC and this complaint concerning IP rights: "The important matter of content creators not owning their rights to intellectual property ... is in contradiction to the spirit of our constitution and prevents our sector from growth...". The letter alleges too that "...broadcast policy and management decisions have been made largely without meaningful industry consultation; this has brought our sector to its knees and cannot be allowed to continue."

Right - testing the SABC

The tone of the letter is desperate and clearly borne of the frustration of members of the coalition not being paid. The letter also contains statements which, if only partially correct, cast a very poor light on the leadership of the SABC. However, the letter loses some credibility because of its desperation. For example, the reference to IP policies being "in contradiction to the spirit of the constitution" suggests that the TVIEC feels that the policy is abhorrent but does not know why it is unlawful. It is quite natural for the SABC to wish to negotiate to own the IP of the content provider, and ownership of some of the IP may even vest in the SABC automatically for certain commissioned works. On this particular issue, one feels that the TVIEC should find a way to use their collective strength (ultimately the SABC needs content) to negotiate a better position for themselves. Perhaps the TVIEC letter is a step in that direction? That said, the government, which itself recently fought over IP rights to the Springbok emblem, is unlikely to be particularly sensitive to IP rights of content providers.

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