What is the value of a song? That's the question at the centre of an ongoing legal battle between the SA Music Performance Association and at least six of South Africa's major retailers.The three-year-long legal battle began at the Copyright Tribunal and has made its way through the High Court and Supreme Court of Appeal, before finding its way onto the roll of the Constitutional Court.Foschini, Pepkor, Mr Price, Truworths, Pick n Pay and New Clicks are among the retailers.The dispute is about the amount retailers should pay in Needle time royalties to backing musicians.According to the Copyright Act of 2002, record companies and performers are entitled to a royalty for backing musicians.Association lawyer, Keith Lister, says the case has been brought to the country's highest court because the issue affects the livelihoods and rights of artists.The association wants the value of the music to retailers determined .Court documents show retailers do not want this made public to keep it away from competitors.Last year, the appeal court found in favour of the retailers' and agreed that the royalty should be set at the lowest rate applicable in other countries that were considered to be comparable to South Africa.The Australian tariff was |decided as being the most apt."The net result is that musicians and record companies now receive what is close to the lowest royalty in the world for the use of their music recordings by retailers," said Lister.Lauren Fine, legal representative of the retailers says retailers are concerned tariffs are "unilaterally set" but have no issue paying.The tariff came into effect on January 1, 2008 and is based on foreign tariffs and international best practice. The body wants tariffs increased to be in line with the uppermost 25% of countries.Fine says that would mean a small corner café "will pay a substantially higher tariff for playing background music than a corner café in London"...