ADVOKS GLOBAL · KENYA
The Copyright Act (Collective Management) Regulations
20. Collection and use of rights revenue
Edition: 2022-12-31 · In force
20. Collection and use of rights revenue
(1)A collective management organisation shall ensure—(a)that it is diligent in the collection and management of rights revenue;(b)that it keeps separate in its accounts—(i)rights revenue and any income arising from the investment of rights revenue;(ii)any own assets it may have and income arising from such assets, from management fees, subscription fees or from other activities; and(iii)administration and distribution amounts;(c)that it does not use rights revenue or any income arising from the investment of rights revenue for purposes other than distribution to rights holders, except where it is allowed—(i)to deduct or offset management fees in accordance with the Act or these regulations; or(ii)to use rights revenue or income arising from the investment of rights revenue in accordance with the Act or these regulations; and(d)that where it invests rights revenue, or income arising from the investment of rights revenue, it does so—(i)in the best interests of the rights holders whose rights it represents; and(ii)in accordance with the general investment and risk management policy of the organisation.(2)The board of a collective management organisation shall seek the approval of distribution rules from the general meeting of its members.(3)Any income sought to be retained by the collective management organisation shall be with the approval of the members in a general meeting and be expended for the purpose members have resolved.