National Music Policy
National Music Policy
Music is a powerful means of enhancing a country’s identity and simultaneously creating employment, developing skills of people and generating socio-capital and cohesion. In Vanuatu,music is a highly consumed commodity. There also exists a significant number of musicians producing large quantities of creative works, producing multiple genres of music.
It is unfortunate that even with high consumption of music in Vanuatu, it has not resulted in more employment opportunities in this industry and economic empowerment for musicians. It also has not created a viable tax base for the government. This is because of a variety challenges withing the industry itself i.e. inadequate support structures for the industry, inadequate measures for copyright and intellectual property enforcement, uncoordinated operations by individual musicians and groups and a lack of policy guidelines.
This Music Policy seeks to address these issues with the aim of creating support structuresfor different players of the music industry, assist individuals and groups to better coordinate their operations, deterrence of piracy and other formsof fraud that exist in this industry and generally to increase government assistance to players of the industry so that they can better contribute to the GDP of Vanuatu.
Rationale for the Policy
The need for a National Policy on Music isinformed by the recognition that music creates a rich and varied world thatincreases the range of choices and nurtures human capacities and valuesand therefore is a mainspringfor sustainable development for peoples, communitiesand nations.
This policy document will facilitatethe music industry asa vehicle for economic development through provision ofdeterrent measures against piracy and other forms of infringement in the industry.
The policy will provide vital guidelinestostreamline the music industry and to enable music to develop into a viable socio-economic sector that isrecognized and incorporated into the national development agenda.
For a culturally vibrant, intellectually stimulating and economically empowering music industry.
To accelerate the development of music as asocial, cultural, educationaland economic activitythrough material and financial support, mentorship and legal protection of musicians and theentiremusic industry.
Purpose of the Music Policy
1) To guide and regulate all the players in the music industry
2) To protect the rights of musicians against any form ofillegal exploitation.
3) Toenhance the development of the music industry
1) To facilitate the creation of a legislative framework that promotes the growth and development of music;
2) To articulate the rights and obligations of players in the Music Industry;
3) To spearhead the preservationand developmentof indigenous music as well as othermusic genres;
4) To support the process of music educationand training at all levels;
5) To facilitate the harnessing of creative and economic potentialwithin the Music Industry; and
6) To promote effective music management and use for national development.
1) Respect for each individual player in the music industry.
2) Consultation with the responsible Ministry on all matters of national interest.
3) Preparedness to abide by resolutions of arbitrators in conflicts.
SITUATION ANALYSIS AND POLICY ACTIONS
This Chapter seeks to examine the context in which the music industry in Kenya is operating as well as the strengths, weaknesses and opportunities present in the furtherance of music in Vanuatu.
The Music Industry
The Music Industry comprises of creators, arrangers and performers of works of arts, the producers of sound and audio-visual recordings and record companies. It also includes managers comprising of music trainers, publishers, promoters and distributors.
As different communities, and cultures in Vanuatu transform from traditional to modern ones, the functions, roles and uses of music retain their significance. Vanuatu holds its music traditions, beingpart of her cultural heritage, in high esteem. The traditional music practices embody the people’s oral history, literature, philosophies, aesthetics, nationalism, education, ideals and ethics.
In the 1990’s and 1980’s,Vanuatu enjoyed a flourishing Music Industry with its products being exported to other parts of the region. The trend bas been hastened by the growth of the communication sector.Music is used to articulatethe concept of infotainment, whichblends salient social messages as well as playing the country’s flagship. This flagship helps to maintain a country’s presence in the mainstream of global activity -the better the product the better the image of its country. The benefits are varied and create a brand name that also sells other business sectors.
Currently the Music Industry faces degradation in its legal and institutional infrastructure. Lack of proper legal awareness, enforcement, coordination and knowledge of procedures remains a major problem.The Industry is fragmented with no umbrella body to oversee its affairs.
The industry lacks a coherent strategic vision to align all the key players.This bas brought in an influx of new music idioms and materials that is shaping and defining a new musical culture and identity. Regrettably, Vanuatu has not takenmeasures to safeguard her music heritage and the result is that an overwhelming portion of the content on most radio and television stations are foreign. This discourages investment inand by local artistes due to inadequate returns.
The high rate of piracy in the Music Industry is an indication of weak law enforcement. Low royalty collection and payment,lack of defined administrative structures to help regulate the influx of illegal recordings,absence of a code of conduct and lack of transparency in printing industry transactionsare issues that need to be addressed.
Music practitioners in the country have formed associations to cater for the interests of their members. These groups include Music Federation which has long been disbanded;****.
The constitution guarantees every citizen the right to form and join associations including trade unions.The linkages betweenthese organizations are neitherwell defined nor coordinated.
Their activities border more on lobbying than on the professional development of the industry. Besides these, there is mistrust between players in the Industry at various operational levels.
The administration of music matters in the country is also scattered across various Government bodies without any clear jurisdictional boundaries, This has resulted in an unstructured Music Industry hence the need for an institutional framework to harmonizeand regulate the administration of the Industry.
1. Government shall develop a vibrant and productive sector byfacilitating capacity building for the various organizations and associations within the music industry.
2. The National Government shall create an enabling environment for writers, authors, composers, arrangers, publishers, producers of sound recording, performersand other music practitioners through the enforcement of legislation relating to copyright and the enactment of legislationaimed at promoting music creativity in the country.
3. The National Government shall put in place structures to help combat piracy and enhance the application of best international practices in combating irregularities and illegal exploitation within the music sector.
4. The National Government shall provide incentives to investors in the Local Music Industry.
Policy and Legislative Framework
One cause of stagnation in the music industry in Vanuatu has been inadequate legislative framework as well as weak enforcement of existing laws.
There are no legal provisionsin the Vanuatu Statute booksthat seek to specifically promote music as an industry. The Copyright Act and the Copyright management society is the only current legislative framework related to music.
1. The state shall take measures, including affirmative action programs to ensur that the youth have opportunities to associate, be represented and participate in the political, social, economic and other spheres of life.
2. The Government shall make laws to provide that artists have the freedom and the right to establish trade unions and professional organizations of their choice and to become members of such organizations.
3. The Government shall take steps to ensure that the artist benefits from the rights and
protection provided for in international and national legislation.
4. The Government shall take the necessary steps to ensure that artists enjoy the same rights as are conferred on a comparable group of the active population by national and international legislation in respect of employment, living and working conditions, and to see that self-employed artists enjoy, within reasonable limits, protection as regards income and social security.
5. The Government shall recognize the importance of international protection of the rights of artists/musicians under the terms of existing conventions and in particular of the Berne Convention for the Protection of Literary and Artistic Works(Berne Convention), the Universal Copyright Convention(UCC), and the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations(Rome Convention), WPPT, Beijing Treaty on Audiovisual Performances and shall take all necessary steps to extend the field of application, scope and effectiveness of those instruments.
6. The Government shall recognize the right of trade unions and professional organizations of artists to represent and defend the interests of their members andtogive them the opportunity to advise public authorities onsuitable measures for stimulating artisticactivities and ensuring their protection and development.
7. Recognizing the essential role of art in the life and development of the individual and society, the Government shall protect, defend and assist artists and their freedom of creativity. The Government will take all necessary steps to stimulate artistic creativity and the flowering of talent by adopting measures to secure greater freedom for artists and to improve their status.
8. The Governmentshall ensure theparticipation of artists in decisions concerning their quality of life and to entrench Arts in the Nations’ development process.
Music and National Development including Job Creation
The Music industry is a provider of jobs and income in our economy.
The critical elements of a strong music industry would include strong marketable products, professionalism and integrity, viable markets, cooperation within the industry, effective management and support and recognition from the government. Fundamental principles of competition and marketing suggest that one must either offer the same competing product at a cheaper price or offer the same product but of superior quality or unique nature and charge more. In all cases, one must offer what audiences want. Producing marketable products on a large scale requires a strong creative culture. To achieve that, first and foremost, musicians and performers must be skillful.
They must also have access to affordable technology, which would allow for the production of quality products. While Vanuatu has very talented mus1c1ans, there is an apparent shortage of expressed creativity and/or the expressed creativity is not marketed effectively.
The Music Industry is an important source of employment and wealth creation. There are many job opportunities that stem from the music industry that are directly and indirectly readily available. This includes singers, songwriters, publishers, arrangers, producers of sound recordings and audiovisual works, instrumentalists, dancers, choreographers, lawyers, accountants, wardrobe assistants, photographers, graphic designers, sound and lighting engineers, event organizers, digital marketers, tour manager, disc manufacturers, content providers and many more. Through music, substantial revenues are collected thereby contributing to the growth of our GDP. The Music Industry avails equal opportunities for equal participation by both women and men.
1. Music will be used to create awareness and disseminate information on areas of national development.
2. The Government is committed to protect the rights of every person to freedom of expression which includes freedom of artistic creativity.
3. In line with the poverty reduction strategy, the Government is committed to support, promote, and motivate professionals in the Music Industry.
4. The Government is committed to ensuring that persons with special needs actively participate in the music sector through provision of equal opportunities in education, performance and employment.
5. The Government shall undertake to put in place strategies to ensure that women and men, persons with disabilities, the elderly and other special interest groups have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.
6. The Government shall put in place an integrated development program to advance the role of music in social-economic and political development.
Music and National Identity
Music has always used as a vehicle for achieving national identity, pride, patriotism and cohesion.
Traditional and contemporary arts, as a form of cultural expression, must be safeguarded by and for the group (familial, occupational, national, regional, religious, ethnic, etc.) whose identity it expresses. Music therefore plays a vital role in transmitting people’s values from one generation to another. When played and embraced beyond local, national, regional and international borders, music enhances peoples’ sense of belonging, identity, national, regional and international cohesion.
Preservation is concerned with protection of traditional and contemporary arts and those who are the transmitters, having regard to the fact that each people have a right to their own culture and that adherence to that culture is often eroded by the impact of the industrialized culture purveyed by the mass media.
Measures must be taken to guarantee the status of and economic support for folk traditions in the communities which produce them and beyond.
I. The Government shall develop a national inventory of institutions concerned with folk music with a view to its inclusion in regional and global registers of folklore institutions.
2. The Government shall create identification and recording systems (collection, cataloguing, transcription or develop those that already exist by way of handbooks, collecting guides, model catalogues, etc., in -view of the need to coordinate the classification systems used by different institutions.
3. The Government shall stimulate the creation ofa standard typology of folk music.
4. The Government shall design and introduce into both formal and out-of-school curricula the teaching and study of folk music in an appropriate manner laying particular emphasis on respect for folk music in the widest sense of the term, taking into account not only village and other rural cultures but also those created in urban areas by diverse social groups, professions, institutions, etc., and thus promoting a better understanding of cultural diversity and different world views, especially those not reflected in dominant cultures.
5. The Government shall guarantee the right of access of various cultural communities to
their own folk music by supporting their work in the fields of documentation, archiving, research, etc., as well as in the practice of traditions
6. The Government shall provide platforms for musical expression, moral and economic support for individuals and institutions studying, making known, cultivating or holding items of folk music.
Music and Tourism
Music tourism is the act of visiting a city or town in order to see a music festival or other music performances. It creates opportunities for employment in the service sector of the economy, associated with tourism.
These service industries include transportation services, such as airlines, cruise ships and taxicabs; hospitality services by hotels and resorts; and entertainment venues, such as amusement parks, casinos, shopping malls, music venues and theatres.
The Tourism industry is by far the largest single export earner in Vanuatu.
Tourism forms a vital foundation for the country’s economy. It is growing as a result of liberalization measures, diversification of tourist generating markets and continued Government commitment to providing an enabling environment, coupled with successful tourism promotion and political stability. Enormous opportunities exist for investment in film production; recreation and entertainment facilities in the following areas:
1. Conference Tourism
ii. Cultural tourism
iii. Cruise ship Tourism
iv. Aviation/tour and travel Tourism
In the Tourism circuit, music promotes Vanuatu’s culture and continues to market the country. These cultural expressions including music continue to give the cmmtry a unique identity which is a special branding that only the arts can do.
The Government is committed to ensuring that the performance of Vanuatu music in the tourist circuit is explored and Vanuatu music is used to promote the country internationally.
1. The National Government shall enhance the Tourism industry to provide for music tourism in Vanuatu and explore ways of boosting the tourism economy through music.
2. The Government shall develop a local music tourist infrastructure through county, national, regional and international music festivals and international trade as well as tourism fairs.
3. The Government shall put up mechanisms for ensuring the use of Vanuatu cultural music idioms as marks of identity (Branding).
4. The Government at both levels shall enhance cultural heritage and identity by capitalizing on each unique culture and providing platforms for their expressions e.g. festivals.
Music Education and Training
Vanuatu has an abundance of untapped music talent that needs to be nurtured and developed for the country to increase its contribution to the global music repertoire.
The absence of music education syllabus in formal educational institutions has adversely contributed to the deterioration of standards of music products.
There are several independent private music schools, there is no government institution that exclusively caters for the wholesome and comprehensive training of musicians. In addition, there is no effective system of monitoring and evaluating the quality and content of education provided by these schools to ensure adherence to globally acceptable standards.
Where music still thrives in some post primary institutions, learning is characterized by a curriculum that is heavily biased towards western content in material and delivery. This makes formal music education culturally alienating to the Ni Vanuatu children.
Music educators range from full time to part time music school teachers. The latter are staff offering music services as well as music teaching and may be musicians, for whom music education is but a negligible career undertaking. Serving music teachers are forced to teach other subjects due to the decline of music as an examinable subject.
Consequently, the education system produces graduates with inappropriate skills in music making; unable to meet the market demands and to service the Music industry.
Music education needs to be seen as a rewarding and structured career with opportunities for personal and professional growth. Music educators therefore, ought to be supported and recognized throughout their careers.
Lack of goodwill at all levels and appreciation of the value of music also contribute to the apathy that surrounds the teaching and learning of music. In addition, there is insufficient understanding amongst stakeholders in the Industry with regard to the functioning of the Industry, labour relations, contracts and music business opportunities. This inhibits the industry players, limiting their performance and resulting in low output.
Issues of intellectual property rights are either ignored or unknown. There should be a systematic attempt to educate young artists and managers on copyright matters and management of music business.
1. The National Government shall facilitate music education and training at all levels of learning from primary, secondary, tertiary and university levels.
2. The national government shall create a plan for music education through practical oriented music curriculum, relevant learning materials and monitoring and evaluation of the learning process at all levels of Education.
3. The National Government shall create standards to guide educators in determining objectives for their teaching to include evaluating music and performances, reading music and notations, singing and playing instruments of different repertoire, composition and arrangement of music.
4. The National Government shall establish centers of excellence and an academy for the teaching and learning of music in its diverse cultures which shall be replicated at the county level.
5. Governments at both levels shall facilitate research and documentation in the area of music.
6. Government at both levels shall support the creation of a strategic approach towards encouraging more musical activities for the young people through the creation of a Music Manifesto.
7. The National Government shall facilitate training, support and incentives for music teachers, instructors and educators.
8. The National Government shall set up a Music Information Centre to facilitate access to music and related information and services.
To achieve the above objectives, the Government shall realign the education sector in line with music in the following ways:
1. Provision of learning music at all levels of education, to be assessed appropriately.
2. Diversification of tertiary level provisions for training, to capture the needs of society and reflect the multi-disciplinary possibilities of the disciplines; Curriculum Review to include music from tender age to tertiary level.
3. Extend training beyond provision of teachers and performers by opening avenues to higher education where talented youth can gain access through music scholarships and also creating music centers of excellence;
4. ln-school activities to include instrumental, vocal tuition at individual, and group levels; creation of performing ensembles such as bands, orchestras, choirs, provision of performing opportunities as part of the school programme, including festivals, school arts programmes, inter-house/class; inter-school festivals/competitions;
5. Community-based activities to include music bands, groups and choirs;
6. County and national support for music education and programmes in the community.
Documentation and Archiving
Our country’s history, philosophies, aesthetics and education are embodied in our traditional songs, dances, artifacts and folklore.
Traditionally, both music and folklore were transmitted orally from generation to generation. However, globalization has made this mode of preservation to lose its efficacy. Despite the existence of traces of persons who can provide valuable information on this aspect of the country’s rich cultural heritage, it risks extinction through natural attrition.
A country without a record of its past is a country without a future and this applies to the Vanuatu music industry. The future generations of Vanuatu musicians must be able to relate to music and musicians in their past. This can only be done through proper archiving and documentation of the past and present Vanuatu music with the records being made accessible to the public.
Over the years Vanuatu artists have produced a wide repertoire of works of arts but despite the establishment of electronic recording in the 1980’s a large proportion of these works remain undocumented. Most recordings are in the hands of individuals and private organizations. This makes previously produced music not readily accessible.
In areas where traditional music performance thrives, costumes and music instruments are maintained.
In the present circumstances in Vanuatu, such valuable materials are not well preserved by their custodians. This has resulted in loss of crucial materials for education and posterity.
Despite oral transmission and audio visual recording, access to Vanuatu music is still limited due to lack of proper framework for music publishing.
1. The Government shall ensure the documentation, preservation and dissemination of the country’s music material.
2. The Government at both levels shall maintain a systematic archiving of discographies of all musicians and ensure its availability to the public through ICT.
Various sections of the Vanuatu society engage in activities that include music making. This avails opportunity for and gives rise to the birth of performers of diverse music categories.
There are professional and amateur performers as well as semi-professionals.
These are persons with varied degrees of competence and training in music. Most are talented individuals with interest in music making as an aesthetic experience.
The participation of music groups during national celebrations, state and other public functions plays an important role in the social political life of our nation. Through music, members of the public express their aspirations, expectations and achievements as they physically participate in the events that mark the celebrations.
Although festivals are effective in developing talent at the grassroots, there is need to create an international forum where Vanuatu artists can be pitted against their regional and international counterparts as a means to ensure that they are competitive at the global level.
1. The Government is committed to the development of music and musicians for the performing sector of the Music Industry.
2. The Government at both levels shall put measures in place to ensure performance of music that reflects and promotes the country’s values and aspirations during national and State functions.
3. The Government shall strive to create an enabling environment for talent development and exposure, both locally and internationally.
4. The Government shall put measures in place to ensure consumers of music products have the right to goods and services of reasonable quality.
5. The Government shall encourage the development of the necessary facilities (museums, concert halls, theatres and other venues) conducive to fostering the dissemination of arts and the interaction of artists with the public at all levels.
Music and Technology
Music technology is a term that refers to all forms of technology involved with the musical arts, particularly the use of electronic devices and computer software to facilitate playback, recording, composition, storage and performance. Furthermore, music technology encompasses the technical and scientific aspects of music such as acoustic science, programming, music psychology/sociology and music industry business practices.
The concept of music technology is intimately connected to both artistic and technological creativity.
People are constantly striving to devise new forms of expression through music, and physically creating new devices to enable them to do so. Music technology includes many forms of music reproduction.
Despite a decrease in sales of physical products, the demand for digital music has dramatically increased. The current market players and technological innovations provide new opportunities to deliver music to the consumer. It is imperative to balance the divergent interests of consumers and artists while ensuring profits for all parties involved.
Technology is the means through which high quality work reaches a wider range of people and to engage them as both audience and participants. It is therefore important for the music industry to embrace technology in order to continue to grow.
The industry realizes the challenges that technology also brings to the music industry and aims to bring the law in line with reasonable consumer behavior and expectations while also encouraging creativity.
We also further realizes the need to adapt to emerging technologies. The Internet and social media have radically changed how the music industry works. The growth of online distribution as opposed to physical distribution is a significant opportunity to both music producers and musicians. At the same time this poses intense risk of copyright infringement. The problem of music piracy has been complicated by technology.
The Government must realizes that music technology is under-used in schools. Schools can improve music teaching through the use of technology and also through the teaching of music technology. This can be realized through partnership with the digital village hubs in specific provinces whereby all students including those in rural areas, with limited opportunities for specialized tuition, will be in a position to access it. In addition, those with special needs and unable to use traditional instruments will have a chance to experience music in a different form.
1. The Government will work with Internet search providers to ensure that illegitimate sites are less readily available than legitimate sites.
2. The Government will encourage development and use of indigenous and modern technology including information Communication Technology in a bid to develop the quality and quantity of music products.
3. The Government will take measures to develop partnerships with national broadcasters and technology providers to ensure music is accessible to the whole country through broadcasting, new and existing technology.
4. The Government shall take measures to ensure an efficient digital copyright licensing system including supporting the administration of the private copying levy extended to existing, new and emerging technology advancements. This encourages the musicians to create more despite the law allowing for private copying.
Copyright and Related Rights
Whereas Vanuatu is a signatory to most conventions protecting musical works and has enacted a law on copyright, not much has been achieved with regard to enforcement. Many works of Vanuatu musicians, composers and artists continue to be pirated and sold at the expense of the rightful beneficiaries who are the originators of the works.
In copyright law, infringement does not refer to theft of physical objects, but an instance where a person exercises one of the exclusive rights of the copyright holder without authorization.
Section 22(1) of the Copyright Act provides for work eligible for protection under the Act. This include literary works, musical works, artistic works, audio visual works, sound recordings, performances and broadcasts. The Act grants both economic and moral rights.
The rights of authors, performers, publishers, broadcasters and many others whose livelihoods depend upon recognition of rights in intellectual property, particularly of copyright, are too often ignored by persons, intentionally, deliberately and systematically, attempting to benefit from creations of others. The World Customs Organization for example found out in its most recent survey, 2005, that around 5% of all world trade is trade in pirated goods. The extent of the problem can be seen in the number of job losses that can directly be attributed to piracy.
Copyright infringement refers to copying “intellectual property” without written permission from the copyright holder, who is typically a publisher or other business representing or assigned by the work’s creator. It is also the unauthorized use of works under copyright, infringing the copyright holder’s “exclusive rights”, such as the right to reproduce or perform the copyrighted works,,spread the information contained within copyrighted works, or to make derivative works.
The term “piracy” on the other hand has been used to refer to the unauthorized manufacturing and selling of works in copyright. Article 12 of the 1886 Berne Convention uses the term “piracy” in relation to copyright infringement. Article 61 of the 1994 Agreement on Trade Related Aspects oflntellectual Property Rights (TRIPs) requires criminal procedures and penalties in cases of “willful trademark counterfeiting or copyright piracy on a commercial scale.
Piracy traditionally refers to acts intentionally committed for financial gain, though more recently, copyright holders have described online copyright infringement, particularly in relation to peer-to-peer file sharing networks, as “piracy.”
The cultural and information industries form important and well recognized contributory components of the economic and cultural development of any country. They add considerably to national wealth, thus pirate activities undermine this industries hence negatively impacting on wealth creation.
Allowing pirated musical products to be sold freely in local markets effectively undermines all opportunities for a national recording industry to develop.
I. The state shall support, promote and protect the intellectual property rights of the people of Vanuatu
2. The Government shall take measures at both levels aimed at ensuring fair labor practices for those in the music industry.
3. The Government shall take measures to put structures in place for effective investigation, regulation and prosecution of offenders involved in piracy and other copyright infringement.
4. The Government shall domesticate international conventions on protection of literary and artistic works.
5. The Government shall ensure that laws on internet use are in line with emerging technological trends as regards copyright and intellectual property.
Funding and Investing in Music and Musicians
The primary weakness facing this industry is the limited finances available for investment in the development and promotion of Vanuatu artists. This is exacerbated by piracy and the lack of a coordinated strategy for the development of the industry. It is critical to improve the amount of finance available for investment in the music industry to take advantage of the ever-growing market demand for music of all genres.
Like all other sectors of the economy, the music industry demands input for development of personnel, equipment and infrastructure. Funds are also needed to build capacity for all manner of activities. These include scholarships for academic pursuits, support for exchange visits and tours, exposure of musicians, development and acquisition of equipment and instruments.
The industry generates products that need to be promoted if returns are to be realized. This aspect of selling the industry is vital; taking the form of marketing products and supporting artists on tour.
Each industry must care for the welfare of its workers.
Many musicians barely make a living out of music. There is need for structures that cater for the welfare and sustenance of musicians during their non-productive seasons.
The creation of Music Fund will ensure that any genuine budding musician can apply for funding to embark on their music projects without going through the pain and anguish that is common.
This process of determining who ends up with the funding must be thorough and highly transparent.
The following will be the sources of funding for music:
1. The Government is committed to developing a strong financial base for the operations of the Music Industry.
2. The Government is committed to providing funding for music projects and activities and further providing financial assistance to the promotion of music e.g. access to loans, grants etcetera.
3. The Government shall put measures to provide tax concessions towards music industry as a whole.
4. The Government shall put measures to encourage public private partnerships in the music sector.
Music is a lucrative source of income. Increased international and local earnings, sponsorships, grants and contracts have attracted many people of various backgrounds to the Industry. In order to ensure prudent management of these funds the Government shall put the following measures in place:
1. Each music organization and association will be affiliated to an umbrella body to oversee their operations and management;
2. The National Music Board will conduct a periodic inspection of the books of accounts of all its affiliates;
3. All music organizations will form active finance committees to manage their finances;
4. All music organizations will open and maintain bank accounts which will be open to public scrutiny;
5. All associations will give their audited account reports during their Annual General Meetings to ensure transparency.
6. All music associations will institute clear articles and memorandum of association and deposit a copy with the umbrella body.
vi) Spearheading the promotion of Vanuatu music locally and internationally.
vii) Promoting awareness about the music industry by mounting campaigns, projects, producing’ recordings and publications.
viii) Providing an oversight to all music collecting bodies
ix) Licensing of companies involved in the exploitation of music
x) Licensing of foreign artist performance within the country
xi) Providing an avenue for incorporating the concerns of the private sector, NGOs and the general public into music development issues.
xii) Conducting periodic surveys to monitor and evaluate the potential and continued growth and development of the Music Industry in order to ensure its contribution to the economy.
National Music Tribunal
The Government shall through registration create a body corporate responsible for dispute resolution in the Music Industry. This body will be called the National Music Tribunal. The Functions of the Music Tribunal shall include, but not limited to;
i) Receiving complaints from actors in the Music Industry;
ii) Compiling all complaints received;
iii) Convening arbitration meetings of affected parties;
iv) Resolving disputes through dialogue and other legal means;
v) Informing Music Industry players and the general public about resolutions from arbitration meetings held.
Registration and Affiliation of Music Organizations
The following principles shall thus apply with regard to registration and affiliation of music organizations;
i) Every registered music organization/association shall have a recognized office from where it shall provide the necessary services;
ii) The Government shall provide political goodwill to encourage professional discipline among stakeholders;
iii) The Government shall facilitate the signing of recognition agreements between stakeholders and the media; and stakeholders and entertainment managers. To this end the Government shall play a facilitative role between the various players in the industry.
iv) All collecting bodies will be affiliated to the National Music Board/Commission.
v) All cadres of players in the Music Industry are encouraged to form professional associations, organizations and unions;
vi) Each music organization/association shall be required to adopt arbitration as a means of resolving disputes that may arise within their ranks.
For there to be a viable music industry, there is need for well constituted, well facilitated and well managed supporting structures that are independent, fair, transparent and focused in their operations. These will be:
National Music Board/Commission
The Government shall through legislation establish a body corporate that shall be in charge of the music industry development and coordination. This board shall be called the National Music Board/Commission.
The Board shall among other things be responsible for:
i) Implementing the Music policies established herein;
ii) Providing policy advise to the government by practicing skilled advocacy, expert policy formation and research in support of music including funding, legislation and regulation;
iii) Offering support, where necessary, to bodies initiating and supporting research on the music heritage of Vanuatu.
iv) In consultation with the music stakeholders, develop a code of ethics for music that shall set out the basic principles of professional practice in the music industry;
v) Encouraging and coordinating the study of Vanuatu music as a means of promoting the development ofVanuatu’s cultural heritage.