SAMPRA

BACKGROUND

The new SAMPRA is a collective management organisation ("CMO") that administers Needletime Rights on behalf of recording artists and record labels. In 2013, a co-operation and settlement agreement was reached between the old SAMPRA and the Performers' Organisation of South Africa Trust ("POSA"), a CMO that administered Needletime Rights on behalf of recording artists.

The agreement stated that POSA and the old SAMPRA would merge to form one CMO (to be known as SAMPRA) representing record companies and recording artists in terms of Regulation 3(1)(c) of the Regulations on the Establishment of Collecting Societies in the Music Industry. The agreement also stated that the new merged CMO would have two chambers: the Performers' Chamber, and the Record Labels' chamber.

The new SAMPRA is governed by a board in which record companies and recording artists enjoy equal representation. The board of the new SAMPRA is, therefore, made up of six representatives from the Performers' Chamber, and six representatives from the Record Labels' Chamber.

In 2016, a new Memorandum of Incorporation ("the MOI"), that gave effect to the agreement signed between POSA and the old SAMPRA in 2013, was adopted to formally merge POSA with the old SAMPRA. POSA became the Performers' Chamber of the new SAMPRA. To obtain a copy of the MOI, please see the page titled 'SAMPRA's MOI'.


WHAT ARE NEEDLETIME RIGHTS?

Needletime Rights are record labels and recording artists' rights. Needletime Rights royalties are royalties paid to:

  • recording artists for the public performance of their commercially released recorded performances; and
  • record labels' for the public performance of their commercially released sound recordings.


WHAT IS THE DIFFERENCE BETWEEN NEEDLETIME RIGHTS AND OTHER RIGHTS?

Performing Rights (administered by SAMRO), and Mechanical Rights (administered by CAPASSO) remunerate authors, composers, and publishers of musical works for:

  • the public performance of their musical works, in the case of Performing Rights; and
  • the reproduction of their musical works, in the case of Mechanical Rights.

Needletime remunerates recording artists and record labels for the public performance of recording artists' commercially released recorded performances, and record labels' public performance of their commercially released sound recordings.


WHO ARE RECORDING ARTISTS

Recording artists are lead vocalists, backing vocalists, instrumentalists (guitarists, drummers, pianists, saxophonists, violinists, keyboardists, etc), and studio producers who make a performing contribution to the recorded performance.


HOW ARE NEEDLETIME ROYALTIES ALLOCATED?

Recording Artists on sound recordings are divided into three categories: Featured Performer, Non-Featured Performer, and Other Featured Performer:

  • A Featured Performer is an individual Performing Artist in whose name the CD/track was recorded, or a member of a band and who made a performing contribution to the recorded performance.
  • A Non-Featured Performer is a Performing Artist who has been engaged for a fixed period of time, customarily known in the industry as a session, specifically to make one or more recorded backing performances which subsequently are included in the sound recording. This includes a studio producer who makes a performing contribution to the recorded performance.
  • An Other Featured Performer is a guest recording artist whose contribution would ordinarily fall within the Non-Featured Performer status, but merits Featured status.


REGISTRATION OF RECORDED PERFORMANCES IN WHICH ARTISTS PARTICIPATED

Artists are urged to notify SAMPRA of recorded performances in which they participated. The following will be needed as supporting evidence to register a claim:

Non-Featured Performers

SAMPRA requires Non-Featured Performers to produce one the following to support their claim:

  1. record/CD/tape sleeve inlay crediting performance; or
  2. contracted artist's official website crediting performance; or
  3. official correspondence from the record company confirming instrumental or vocal contribution; or
  4. letter from fixer, studio producer or orchestral manager confirming contribution category; or
  5. signed verification from one of the featured artists or their management; or
  6. signed verification from at least two other non-featured musicians already confirmed on the recording; or
  7. in the case of a studio producer, a certification letter from one or more of the contracted featured performer(s) who performed on the recording, or the record company to which they are contracted.

Other Featured Performers

SAMPRA requires Other Featured Performers to produce one the following to support their claim:

  1. product sleeve front cover or spine showing the performer's name with the name of the Contracted Artist or linked with the words 'featuring', or 'with', or 'and', or 'meets', or 'versus'; or
  2. a contribution as a lead vocalist; or
  3. contract between the performer and the Contracted Artist entitling the performer to receive royalties as a singer or musician from sales of the recording; or
  4. official correspondence from the Contracted Artist or their management confirming contributing category; or
  5. a duly executed contract between the performer and other members of the group confirming contributor category.



For more information, please contact SAMPRA:

Tel: +2711 789-5784

E-mail: info@sampra.org.za

Website: www.sampra.org.za


Alternatively, be sure to visit our offices at: 152 Bram Fischer Drive, Randburg, Johannesburg.