1. Purpose and Scope
This Cookie Policy explains how cookies and similar technologies may be used on Metallic Records websites and digital services. It should be read together with the Privacy Policy.
2. What Cookies Are
Cookies are small files or identifiers stored on or associated with a device by a website. Similar technologies may include local storage, pixels, tags, scripts and device identifiers. They can help a website remember settings, maintain sessions, measure traffic and support functionality.
3. Essential Technologies
Some technologies may be necessary for security, session management, authentication, shopping functions, payment flows, load balancing or basic website operation. Disabling essential technologies may cause portions of the website to stop working correctly.
4. Analytics
Where analytics tools are enabled, they may collect information about page visits, device/browser characteristics, approximate location, traffic sources and interactions. Analytics are used to understand website performance, improve usability, detect technical problems and assess content effectiveness.
5. Third-Party Media
Embedded music players, videos, social-media tools or other third-party content may set cookies or collect technical information according to the provider's own policies. Metallic Records may use services such as music streaming or media platforms to present official releases.
6. Advertising and Marketing Technologies
If advertising or marketing technology is used in the future, applicable consent and disclosure requirements will be considered before deployment. Third-party providers may use identifiers for measurement, attribution or personalised advertising according to their own terms.
7. Managing Cookies
Most browsers allow users to block, delete or restrict cookies. Device and browser controls may also provide privacy settings. Blocking cookies may affect functionality. Where a consent-management tool is provided, its controls may be used to change available preferences.
8. Cookie Records and Consent
Where consent is required, Metallic Records may retain a record of the preference expressed, including the date and technical information reasonably necessary to demonstrate the preference.
9. Security and Privacy
Cookie identifiers can sometimes be linked with other technical or account information. Metallic Records will seek to use such information only for legitimate purposes and to apply reasonable security measures appropriate to the risk.
10. Changes
Cookie technologies and providers may change. This Policy may therefore be updated when necessary. The effective date at the top of the policy identifies the applicable version.
Legal Framework and Applicable South African Law
This Policy is intended to operate within the laws of the Republic of South Africa. Nothing in this Policy is intended to exclude, waive, limit or contract out of a mandatory legal right, obligation, remedy or protection that cannot lawfully be excluded or limited.
The legal framework relevant to Metallic Records' activities may include, depending on the transaction and circumstances, the Copyright Act 98 of 1978 and applicable amendments; the Performers' Protection Act 11 of 1967 and applicable amendments; the Protection of Personal Information Act 4 of 2013 (POPIA); the Promotion of Access to Information Act 2 of 2000 (PAIA); the Consumer Protection Act 68 of 2008 (CPA); the Electronic Communications and Transactions Act 25 of 2002 (ECTA); applicable intellectual-property, contract, commercial, tax, evidence, advertising and consumer law; and other legislation or regulations applicable to a particular activity.
South African government materials identify the Copyright Act as regulating copyright in musical and other works, while the Performers' Protection Act protects performers' rights. The Copyright Amendment Act 9 of 2002 specifically addresses copyright in sound recordings and royalties.
Music Rights, Copyright and Sound Recordings
Metallic Records treats music rights as separate rights that must be identified and documented. A musical composition, lyrics, sound recording/master, performance, artwork, photograph, video, name, logo, sample, remix, stem and other material may involve different rights and different rightsholders.
Unless a written agreement expressly provides otherwise, the existence of a recording, upload, release, invoice, payment or promotional relationship does not by itself establish that every underlying copyright or publishing right has been transferred to Metallic Records.
For sound recordings, the rights of the owner and the rights of featured performers must be considered separately. South African legislation recognises exclusive rights relating to sound recordings and provides a framework concerning royalties and performers.
Performers, Artists and Moral/Economic Rights
Artists and performers remain responsible for accurately identifying their contribution and the rights they control. Metallic Records will seek appropriate written permissions, licences, assignments or other contractual authority before exploiting rights that belong to an artist or third party.
Where applicable, performer rights, including rights relating to the use of performances and recognition of performers, must be respected. The Performers' Protection Amendment Act 8 of 2002 amended the statutory framework concerning restrictions on the use of performances.
Publishing, Composition and Songwriter Rights
Composition rights are distinct from master-recording rights. Writers, composers, lyricists, publishers and other contributors may have interests in the underlying musical work even where Metallic Records owns, controls or distributes a sound recording.
Any assignment, administration, licence, publishing arrangement, split, royalty participation or waiver must be established by an applicable written agreement and should identify the work, contributors, percentages or commercial terms, territory, duration and rights granted.
Royalties, Collecting Societies and Rights Administration
Where royalties arise through public performance, broadcast, communication to the public, digital exploitation, sound-recording use or other rights, the relevant contractual and statutory rules apply. South Africa has collecting societies that administer different categories of music rights. CIPC materials identify organisations including SAMRO, SAMPRA and other collecting societies and explain their roles in royalty collection and distribution.
Registration or membership with a collecting society does not automatically transfer unrelated rights to Metallic Records. Conversely, a private contract with Metallic Records does not by itself prevent a rightsholder from exercising a statutory right that cannot lawfully be contracted away.
Contracts, Evidence and Record Keeping
Metallic Records may use written artist recording agreements, producer agreements, beat/instrumental licences, service agreements, invoices, release confirmations, delivery records, royalty statements, correspondence, approvals and electronic records to establish the terms of a relationship.
Electronic communications and electronically stored records may be retained as business records where lawful. Parties should keep signed agreements, identity/business details where lawfully collected, invoices, payment confirmations, delivery records, approvals, credits, split sheets, metadata and correspondence relating to material transactions.
Disputes, Notices and Enforcement
If a dispute arises, Metallic Records may require the parties to identify the agreement or policy involved, the relevant transaction, the disputed rights or obligations, supporting documents and the remedy sought. Where an applicable contract contains a dispute-resolution procedure, that procedure should be followed subject to mandatory law.
Nothing in this Policy prevents Metallic Records from seeking urgent or appropriate relief from a competent court, preserving evidence, enforcing intellectual-property rights, recovering amounts lawfully due, or taking other lawful steps necessary to protect the company and its rights.
Priority of Law and Contract
Where there is a conflict between this Policy and a signed project-specific agreement, the signed agreement will govern the project-specific commercial terms to the extent legally valid and applicable. Where mandatory South African law conflicts with either, the mandatory law prevails.
These policies are company policies and contractual terms where incorporated into an applicable transaction. They do not create a private legal system capable of overriding South African legislation or a court's authority.
Legal Review and Updates
South African music and intellectual-property law can change through legislation, regulations, court decisions and regulatory developments. Metallic Records may update its policies when necessary. A new version should identify its effective date and should not be interpreted as retrospectively changing a signed agreement unless the parties lawfully agree to that change.
Because the enforceability of a particular clause depends on its wording, facts, contracting parties and applicable law, Metallic Records should obtain advice from a South African attorney or suitably qualified legal professional for material disputes, high-value agreements and unusual rights transactions.