ADVOKS GLOBAL · KENYA
Copyright Act
46. Collective administration of Copyright
Edition: 2022-12-31 · In force
46. Collective administration of Copyright
(1)No person or association of persons shall commence or carry on the business of a copyright collective management organisation except under or in accordance with a certificate of registration granted under this section.(2)Applications for registration as collective management organisations shall be made to the Board accompanied with the prescribed fees and the Board, by a Gazette notice is empowered to declare a body which has applied for registration a collecting society, for all relevant copyright owners or for such classes of relevant copyright owners as are specified in the notice.(3)Every certificate issued to a collective management organisation shall be in the prescribed form and shall unless cancelled be valid for a period of twelve months from the date of issue.(3A)Where the collective management organization has not submitted a complete application or where administrative shortfalls are apparent, the Board may issue a provisional license for a period not exceeding six months and such provisional license shall be counted as part of the complete license if the license is subsequently issued.(4)The Board may approve a collective management organisation if it is satisfied that—(a)the body is a company limited by guarantee and incorporated under the Companies Act (Cap. 486);(b)it is a non-profit making entity;(c)its rules and regulations contain such other provisions as are prescribed, being provisions necessary to ensure that the interests of members of the collecting society are adequately protected;(d)its principal objectives are the collection and distribution of royalties; and(e)its accounts are regularly audited by independent external auditors elected by the society.(5)The Board shall not approve another collective management organisation in respect of the same class of rights and category of works if there exists another collective management organisation that has been licensed and functions to the satisfaction of its members.(6)The Board may, where it finds it expedient, assist in establishing a collective management organisation for any class of copyright owners.(9)The Board may by notice in the Gazette and two daily newspapers of national circulation de-register a collective management organisation if its satisfied that the collective management organisation—(a)is not functioning adequately as collective management organisation;(b)is not acting in accordance with its Memorandum and Articles of Association or in the best interests of its members;(c)has altered its rules so that it no longer complies with subsection 4 of this section; and(d)it has refused or failed to comply with any of the provisions of this Act.(10)Before deregistering a collective management organization, the Board shall notify the organization in writing and invite it and any of its members to make written representations against deregistration within twenty one days from the date of the notice.(11)If, after consideration of any written representations made in terms of subsection (10), the Board is of the opinion that the failure in question on the part of the organisation is materially prejudicing or has materially prejudiced its members, the Board may withdraw the registration thereof or otherwise sanction members of the Board of Directors or Management of the organization as set out under this Act.(12)Any person who purports to collect royalties from users as provided for under this section without authority of the Board commits an offence and shall be liable to a fine not exceeding five hundred thousand shillings, or to imprisonment to a term not exceeding four years, or both.