PART III
COPYRIGHT OWNERS’ COLLECTING SOCIETIES
55 Definition of copyright owners' collecting society
For the purposes of this Part, "copyright owners' collecting society" means any organisation
or association formed for the purpose of promoting and protecting the interests of owners of
copyright, licensees or performers and which has been recognised by the Minister under
section 56 (3).
56 Recognition of organisation or association as copyright owners' collecting
society
(1) Any organisation or association of persons formed for the purpose of promoting and
protecting the interests of owners of copyright, licensees or performers may apply to the
Minister to be recognised as a copyright owners' collecting society for the purposes of this
Part.
(2) An application in terms of subsection (1) shall be in writing and shall be accompanied by(a) the constitution of the organisation or association;
(b) the prescribed application fee; and
(c) such other information or documents as may be prescribed or the Minister may determine.
(3) If the Minister is satisfied that the constitution of the organisation or association submitted
in terms of subsection (2) provides adequately for(a) the requirements for, and the manner of, admission to membership of the organisation or
association of persons who are owners of copyright, licensees or performers;
(b) the collection on behalf of, and the accounting and distribution to, its members of
royalties or other remuneration accruing by reason of the use of works or performances
affecting rights pertaining thereto which are protected by this Act; and
(c) the inspection by its members of the accounts which it is required to keep in terms of
section 58 (1),
the Minister may recognise such organisation or association as a copyright owners' collecting
society under a name approved by the Minister and issue to it, in such form as the Minister
may determine, a certificate to that effect.
(4) The Minister shall not approve a name under subsection (3) which is identical to the name
of a company registered under the Companies Act, 1973 (Act 61 of 1973) or which
corresponds in such manner therewith that, in the opinion of the Minister, it is likely to cause
confusion.
(5) Upon the recognition of an organisation or association as a copyright owners' collecting
society under subsection (3), the Minister shall furnish a copy of the certificate issued to the
society in terms of that subsection to the Registrar of Companies, who shall enter the name of
the society in the registers kept by the Registrar in terms of the Companies Act, 1973 (Act 61
of 1973).