ADVOKS GLOBAL · KENYA
The Copyright Act (Collective Management) Regulations
22. Distributions of amounts to rights holders
Edition: 2022-12-31 · In force
22. Distributions of amounts to rights holders
(1)A collective management organisation shall regularly, diligently and accurately distribute and pay amounts due to rights holders in accordance with the organisation's general policy on distribution.(2)A collective management organisation shall distribute and pay the amounts due to right holders promptly, but in any event not later than the beginning of the period which starts nine months from the end of the financial year in which the rights revenue was collected.(3)Notwithstanding paragraph (2), a collective management organisation may distribute or pay the amounts due to rights holders out of time if there are objective reasons for not distributing or paying the amounts including reasons relating to—(b)identification of rights or right holders; or(c)matching of information on works and other matters with rights holders.(4)A collective management organisation shall ensure that amounts due to right holders are kept separate in the accounts of the organisation where—(a)those amounts cannot be distributed within the specified time; and(b)paragraph (3) does not apply.(5)A collective management organisation shall take all necessary measures to identify and locate rights holders for the purposes of distribution and payments of amounts due to the rights holders including—(a)making available, not later than three months after the beginning of the period specified in paragraph (2), information on works and other matters for which a right holder has not been identified or located to—(i)the rights holders represented by the collective management organisation or entities which are its members and which represent rights holders; and(ii)the collective management organisations with which it has concluded representation agreements;(b)verifying the relevant records relating to a rights holder for the purposes of distribution or payment of due amounts; and(c)where rights holders remain unidentified or not located, making the information referred to in subparagraph (b) available to the public not later than one year after the period referred to in subparagraph (a).(6)The information referred to in paragraph (5) shall include, where available—(a)the title of the work or other matter;(b)the name of the rights holder;(c)the name of the publisher or producer of the work or other matter; and(d)any other relevant information which could assist in the identification of the rights holder.(7)Amounts due to right holders shall be non-distributable for the purposes of these regulations where—(a)they cannot be distributed before the end of the period of three years from the end of the financial year in which the collection of the rights revenue occurred; and(b)the collective management organisation has taken all necessary measures to identify and locate the right holders.(8)A collective management organisation shall provide its members with statements of the royalties paid within a given period.