STAATSKOERANT, 1 JUNIE 2006
No. 28894
CHAPTER 1:
Supervision
Accreditation
341) Any person or licensing body intending to act as a representative collecting
society and
(a) administering on behalf of 50 or more copyright owners, or on behalf of
an organisation representing 50 or more copyright owners, the right to
receive payment of a royalty in terms of section 9A of the Copyright Act,
1978; or
(b) administering on behalf of 50 or more performers, or on behalf of an
organisation representing 50 or more performers, the right to receive
payment of a royalty in terms of section 5(1)(b) of the Performers'
Protection Act, 1967; or
(c) administering on behalf of 50 or more copyright owners and performers
jointly, or on behalf of an organisation representing 50 or more copyright
owners and performers jointly, the right to receive payment of a royalty
as contemplated in paragraphs (a) and (b) above
requires an accreditation from the Registrar in order to be authorised to
function as a collecting society established under the Copyright Act, 1978.
(2) Any person or licensing body claiming the right to act as a representative
collecting society shall lodge a written application with the Registrar for
accreditation. The Registrar shall consider the written application together with
any other relevant documents. The Registrar may for the purposes of issuing
an accreditation under these regulations consult with any person or institution
before granting or refusing to grant accreditation.
(3) The Registrar shall not grant accreditation to an applicant unless he or she is
satisfied thatit appears from the particulars supporting the application and the
information considered that the applicant is able to ensure adequate,
efficient and effective administration throughout the Republic of the rights
to be entrusted to the collecting society for administration;
membership is open to copyright owners or their licensees andlor to
performers whose rights the applicant seeks to administer and/or to
organisations representing such copyright owners or licensees and/or
performers;
the applicant affords to copyright owners or their licensees and/or to
performers, or to organisations representing copyright owners or
licensees and/or performers an appropriate right and opportunity to take
part in decision making concerning the affairs of the applicant and the
administration of the rights in question, as well as the distribution of
royalties to be received;
the applicant is able to comply with the obligations set out in these
Regulations (chapter 2);
the person or persons appointed as representatives, managers and
members of the governing body of the applicant are fit or proper persons
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