Key Changes in SAMRO’s Royalty Distribution Rules for 2026

SAMRO’s 2026 royalty distribution rules bring important changes that affect how works are claimed, evidenced, processed, and paid. From stricter proof-of-copyright requirements to shorter claim windows and updated digital allocation rules, these revisions make admin accuracy and timely submission more important than ever for publishers and rightsholders.

1. New Definitions and Clarity

The 2026 rules introduce several specific terms to provide greater transparency in the distribution process:

• Commercial Work: Explicitly defined as a musical work commercially released for example via retail, download, or streaming.
• DP Shares (Public Domain): Clarifies that a share portion becomes public domain if a rights holder has been deceased for 50 years or more.
• Retention: A new term for distributable value withheld due to unmatched Digital Licensee claims.
• Proxy Channel: Formally defines the use of a similar genre channel to allocate funds when usage reporting for a licensed channel is unobtainable.

2. Proof‑of‑Copyright Requirement

SAMRO’s 2026 update introduces significant changes to their Undocumented Works claims process: “When claiming for undocumented works, SAMRO at their discretion may request supporting evidence of a rightful claim from any claimant of the work prior to payment of the entire submitted claim. Claims of works should only be submitted by members who can prove such control of the work.” Accepted evidence includes ISRCs, ISWCs, CWR files, CSV data, cue sheets, and DSP‑linked credits. Claims for Undocumented works must now also include International Standard Recording Code (ISRC’s) for commercial works.

This replaces the original requirements for “documentation and other evidence”.

The updated rules specify that while SAMRO may request supporting evidence at its discretion, members must be able to prove “control of the work” to validate a claim.

2.1. Mandatory Requirements for Commercial Music

For any commercial musical work, providing an International Standard Recording Code (ISRC) is now a mandatory requirement for a claim to be processed.

2.2. Accepted Forms of Evidence

Section 12.2 of the new rules provides a comprehensive “non-exhaustive” list of documents that serve as proof of copyright or authorized arrangement:

• Registration Data: Common Works Registration (CWR), Comma-Separated Value (CSV) files, or International Standard Work Codes (ISWC).
• Contractual Agreements: Signed songwriter agreements, synchronization/commission agreements (for Audio Visual works), or general administration agreements.
• Digital & Broadcast Verifications: Screenshots of original creation, links to official credits on Digital Service Providers (DSPs) like Spotify or Apple Music, or writer information sourced from CIS-Net or Broadcaster cue sheets.
• Rightsholder Consents: Share split sheets agreed upon by all Rightsholders, letters of direction, or formal permission agreements specifically for arranged works.

2.3. Verification of Live Performances

For live works, copyright proof must be accompanied by confirmation from the event organizers. SAMRO explicitly reserves the right to exclude returns that appear abnormal or potentially fraudulent until authenticity is proven through the submitter or the licensed establishment.

Why this matters:

This is a major administrative shift and may create barriers for some publishers, in the likelihood that SAMRO lack the capacity to manage the large volumes of evidence expected. These pressures could lead to delays in processing and therefore delays in royalty payments.

3. Shortened Claim Period

The claim window for undocumented works has been reduced from 5 years to 3 years. Any unclaimed funds after this period are returned to Net Distributable Revenue in the next cycle.

The Consequence of Delay: If proof is not provided and the claim is not made within that three-year window, those royalties are added back to the general Net Distributable Revenue for the next cycle.

4. Digital and MIT Distribution Enhancements

The Mobile & Internet Transmission (MIT) category has been expanded and its rules refined:

• Category Expansion: Now explicitly includes User Generated Content and Video on Demand.
• Write-back Policy: MIT retention amounts from unmatched claims are now written back to distributable revenue two years after the original performance date (compared to the standard three years for other categories).
• Weighted Apportionment: These write-backs are allocated based on market share to rights holders previously identified for that specific Digital Licensee channel.

5. Identification Rate Thresholds

Section 9 introduces specific Identification Rate benchmarks to determine how unidentified funds are handled:

• 80% Threshold: If a primary distribution (Radio, TV, etc.) has an identification rate of 80% or higher, unidentified funds are apportioned as a weighted average across all successful transactions in that distribution.
• 65% Threshold: If the total distribution is below 80%, a 65% rate is applied at the individual category level.
• Under 65%: If the rate falls below 65%, only the successfully identified portion is distributed, and the rest is treated as undocumented works.

6. Strict Submission Windows for Live Distributions

There is now a much firmer deadline for the Live Distribution category:

• Performance submissions must be made via the SAMRO portal within 6 months of the financial year-end (by 30 June).

7. Arranger Share for Out-of-Copyright Works

The rules regarding arranged works that are out of copyright have been updated:

• When a 100% DP (Public Domain) work is subsequently arranged, the Arranger receives 50%, while the remaining 50% is allocated to the Social and Cultural fund.

8. The key provisions for Non-Society member allocations are as follows:

a) Retention and “Royalty Distributions in Progress”

Allocations pertaining to shares of non-affiliated and unidentified rights holders are initially retained as royalty distributions in progress. These funds are held for a limited period pending the rights holder’s identification or formal affiliation with a society.

b) The Three-Year Expiration Rule

If a Non-Society member does not join a performing rights society within three years from the date the royalty was allocated, they lose the claim to those specific funds. Once this three-year window closes, the “NS” allocations are added back to the Net Distributable Revenue. These forfeited funds are then redistributed to current members as part of the next Royalty Distribution Cycle.

Member Advisory

Members and publishers are strongly encouraged to review these changes directly, with special attention to the new proof‑of‑copyright requirements, as non‑compliance may affect royalty eligibility and payment timelines.

Full rules available at: https://www.samro.org.za/distribution

Policy Review Cycle: Next Review will be in January 2028!