2.
The order of the Copyright Tribunal contained in paragraph 79.1, read with paragraph 76 of the
judgment of the Copyright Tribunal, is set aside and substituted with the following order:
"(a)
The following tariff is declared to have been the reasonable rate of royalties in terms of section 9A of the
Copyright Act 98 of 1978 with effect from 1 January 2008:
Fees: Size of Premises (Audible Area in
square metres)
Licence Fee per store per Annum (exclusive
of VAT)
Up to 50
R150
51 to 100
R300
101 to 200
R450
201 to 300
R600
301 to 500
R750
501 to 750
R900
751 to 1000
R1050
1001 to 1250
R1200
1251 to 1500
R1350
1501 to 1750
R1500
1751 to 2000
R1650
2001 to 2500
R1800
2501 to 3000
R1950
3001 to 3500
R2100
3501 to 4000
R2250
4001 to 4500
R2400
4501 to 5000
R2550
5001 to 6000
R2700
6001 to 7000
R2850
7001 to 8000
R3000
8001 to 9000
R3150
9001 to 10000
R3300
Every additional 1 to 1000 (above 10000)
R150
Page 61 of [2016] 2 All SA 40 (SCA)
(b)
3.
The tariff is subject to revision with effect from 1 January every year in accordance with the Consumer
Price Index for the previous year."
The respondents are ordered to pay 50% of the appellant's costs of the appeal, such costs to include
the costs of two Counsel.
(Mpati P, Mhlantla, Pillay and Zondi JJA concurred in the judgment of Swain JA.)
For the appellant:
M Brassey SC and D Ehrlich (heads of argument prepared by G Marcus SC and D Ehrlich) instructed by Edward Nathan
Sonnenbergs Incorporated, Sandton and Matsepes Incorporated, Bloemfontein
For the respondents:
AR SholtoDouglas SC and M Blumberg instructed by Bernadt Vukic Potash & Getz, Cape Town and Lovius Block,
Bloemfontein
Footnotes
1
2
3
4
5
6
7
8
9
10
The playing of a sound recording includes "communicating the sound recording to the public" in terms of s 9(e) of the
Act.
Reg 3(1)(a) of the Collecting Society Regulations, GN R517 GG 28894, 1 June 2006.
In terms of s 8 of the Patents Act 57 of 1978.
In terms of s 29(1) of the Act.
Paddock Motors (Pty) Ltd v Igesund 1976 (3) SA 16 (A) at 23CF [also reported at [1976] 3 All SA 332 (A) Ed]; Bank
of Lisbon and South Africa Ltd v The Master and others [1986] ZASCA 121, 1987 (1) SA 276 (A) at 290DF [also
reported at [1987] 1 All SA 286 (A) Ed]; Road Accident Fund v Mothupi [2000] ZASCA 27, 2000 (4) SA 38 (SCA) at
paras [30] and [33] [also reported at [2000] 3 All SA 181 (A) Ed].
OH Dean Handbook of South African Copyright Law (Revision Service 14, 2012) at 155.
OH Dean op cit at 155.
See the definition of "wellfounded" in The Shorter Oxford English Dictionary (6ed) (2007) Vol 2.
Natal Joint Municipal Pension Fund v Endumeni Municipality [2012] ZASCA 13, 2012 (4) SA 593 (SCA) at para [18] [also
reported at [2012] 2 All SA 262 (SCA) Ed].
Copyright Regulations, GN R2530, GG 6252, 22 December 1978.