The respondents were a group of retailers whose entitlement to play background music in their stores attracted anobligation to pay royalties to the appellant ("SAMPRA"). Section 9A(1)(a) of the Copyright Act 98 of 1978 (the "Act")imposed such obligation, providing as it did that in the absence of an agreement to the contrary no person maybroadcast, cause the transmission of, or play a sound recording without the payment of a royalty to the owner ofthe relevant copyright. The amount of the royalty payable ("the tariff") was in terms of section 9A(1)(b) of the Act,to be determined by agreement between the user of the sound recording, the performer and the owner of thecopyright, or between their representative collecting societies. In the absence of an agreement, section 9A(1)(c) ofthe Act provided that the user, performer, or owner could refer the matter to the Copyright Tribunal ("the tribunal"),or they may agree to refer the matter for arbitration.