(6) With effect from a date determined by the Minister by notice in the Gazette, no person,
except a copyright owners’ collecting society, shall on behalf of any owner of copyright,
licensee or performer collect or demand from any person payment of any royalty or other
remuneration in respect of the use of any work or performance in respect of which the rights
pertaining thereto are protected by this Act.
(7) Subsection (6) shall not be construed as prohibiting any owner of copyright, licensee or
performer to personally, or through his or her attorney, demand or collect from any person
any royalty or other remuneration accruing to him or her by reason of any use of any work of
performance affecting any right of him or her protected by this Act.
57 Copyright owners collecting society to be a juristic person
Every copyright owners' collecting society shall, with effect from the date of issue of the
certificate referred to in section 56 (3), be a juristic person.
58 Keeping of accounts and auditing
(1) Every copyright owners' collecting society shall cause proper accounts to be kept of all
royalties or other remuneration collected by it on behalf of its members and the manner in
which such royalties or other remuneration has been distributed or otherwise applied.
(2) Every copyright owners' collecting society shall cause its books and accounts to be
audited annually by a person registered as a public accountant and auditor in terms of the
Public Accountants' and Auditors' Act, 1951 (Act 51 of 1951).
59 Withdrawal of recognition
(1) The Minister may, upon information received by him or her that a copyright owners'
collecting society(a) is failing in its duty towards its members with respect to(i) any function contemplated in paragraph (b) of section 56 (3); or
(ii) the inspection of its accounts contemplated in paragraph (c) of section 56 (3); or
(b) has failed to comply with the provisions of section 58,
by written notice delivered or sent by registered post to the society at its last known address,
request the society to make written representations, within a period of 21 days from the date
of the notice, with respect to any such failure.
(2) When, after consideration of any written representations made in terms of subsection (1),
the Minister is of the opinion that the failure in question on the part of the copyright owners'
collecting society is materially prejudicing or has materially prejudiced its members, he or
she may withdraw the recognition thereof as a copyright owners' collecting society and
cancel the certificate issued to such society under section 56 (3).
(3) The Minister shall notify the Registrar of Companies of any withdrawal and cancellation
under subsection (2), and the Registrar of Companies shall delete the name of the copyright
owners' collecting society concerned from the registers referred to in section 56 (5).