4
NO. 28894
GOVERNMENT GAZETTE, 1 JUNE 2006
DEPARTMENT OF TRADE AND INDUSTRY
COPYRIGHT ACT NO. 98 OF 1978
Collecting Society Regulations
Interpretation
In these regulations, unless the context otherwise indicates (i) terms and expressions defined in the Acts of Parliament or in the
regulations or in the General Notice listed below shall carry the same
meaning as defined therein:
The Copyright Act, 1978 (Act 98 of 1978), as amended;
The Performers' Protection Act 1967, (Act 11 of 1967), as
amended:
The Copyright Regulations, 1978, published as GN no R 2530 GG
no 6252 of 22 December 1978, as amended by GN R1211 GG no
9775 of 7 June 1985, and by GN no 1375 GG no 9807 of 28 June
2985;
Generat Notice no 136 of 1989 published in GG no 11718 of 3
March 1989
(ii) "framework agreement" means
(a) a licensing agreement between a collecting society and a trade
association or a user group fixing the terms and conditions of use of
the repertoire of public playing rights collectively held by individual
members of the trade associations or user groups, or persons
affiliated to them; or
(b) an agreement setting common standards and providing a uniform
basis for the conclusion of individual licensing agreements between
the collecting society and potential users being members of the
trade association or user group concerned, or affiliated to them;
(iii) "public playing right" means the right of a rightholder to receive a royalty
in terms of section 9A of the Copyright Act, 1978, and/or the right to
receive a royalty in terms of section 5(l)(b) of the Performers' Protection
Act, 1967, as the context dictates;
(iv) 'Registrar" means the Registrar of Copyright at the Companies and
Intellectual Property Registration Office (CIPRO);
(v) "rights of members" or "members' rights" mean public playing rights of
rightholders who are members of the collecting society seeking or
granted accreditation;
(vj) "rightholders" means the owners or licensees of public playing rights.
1,
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Scope
2.
The Collecting Society Regulations set out the conditions under which a
collecting society may be established and may operate under the Copyright
Act, 1978 (Act 98 of 1978), as provided for in section 39(cA) read together
with section 9A of the Copyright Act, 1978, and with section 5(3) of the
Performers' Protection Act, 1967 (Act I 1 of 1967).