13. Disposition of Funds in Holding Account.
(1) Funds placed in the Holding Account are to be held for at most 7 years
(the "holding period"). Such funds may be paid out to a person who
becomes entitled within this period; that is, where the circumstances that
required the amount to be placed in the Holding Account have ceased.
(2) Amounts which remain in the Holding Account at the expiration of the
holding period would fall into general revenue for distribution in respect
of the then current accounting period or the period just terminated if that
happens to coincide with the expiration of the holding period.
CHAPTER 3
LICENSING AND DISTRIBUTION OF ROYALTIES
14. Licensing and Tariff
(1) A Collective Management Organisation shall make available to users, on
non-discriminatory terms, the complete repertoire of works with respect to
which it is representing the right owners
(2) A Collective Management Organisation shall draw up tariff in respect of
remuneration it demands for the usage of copyright works administered by
it.
(3) In setting the tariff, a society may have regard to the following:
i. the monetary advantage obtained from the exploitation;
ii. the value of the copyright material;
iii. the purpose for which, and context in which, the copyright material is
used;
iv. the manner or kind of use of the copyright material;
v. the proportion of the utilization of a work in the context of
exploitation;
vi. any relevant decision of the Court or the Dispute Resolution Panel;
and
vii. any other relevant matter
(4) A Collective Management Organisation may enter into an agreement with
representative trade associations, concerning the use of its repertoire by
members of such trade associations.
(5) A Collective Management Organisation shall notify the Commission of
any tariff scale accepted under an agreement referred to in subparagraph 4
above.