STAATSKOERANT, 1 JUNIE 2006
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No. 28894
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(5) ' The distribution plan and any amendments thereof shall be submitted to the
Registrar. The Registrar shall approve a distribution plan if it complies with
the following principles and conditions:
(a) A distribution plan shall not provide for arbitrary or discretionary
distributions;
(b) Subject to any contractual agreement to the contrary as contemplated in
section 9A(2)(b) of the Copyright Act, 1978, and section 5(4) of the
Performers' Protection Act, 1967, where a representative collecting
society has as members both owners of copyright in sound recordings
and performing artists, whether directly or through one or more collective
organisations of performers or of owners of copyright in sound
recordings, money collected shall be distributed on an equal basis to
performers and to owners of the copyright in sound recordings, either
directly or to their collective organisation so that copyright owners and
performers shall benefit equally on the basis of their volumes of use.
(c) A collecting society may provide in its distribution plan that, with the
approval of the highest executive organ of the society, a portion of the
proceeds may be set aside for the promotion of the creative arts, and
culture and for welfare purposes (including pension benefits) of
performing artists. Such portion shalt not exceed 10% of the amount to
be distributed in any one year.
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CHAPTER 3
Miscellaneous
Entry into force
9.
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These Regulations shall enter into force on the date of publication in the
Government Gazette.
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