ADVOKS GLOBAL · KENYA
The Copyright Act (Collective Management) Regulations
26. Public participation in the development of copyright tariffs
Edition: 2022-12-31 · In force
26. Public participation in the development of copyright tariffs
Three months before tariffs approved under section 46A of the Act are due to expire, the Board shall—(a)notify the relevant collective management organisations to propose new tariffs for the next licensing period;(b)require the collective management organisations to compile a comprehensive list of users of their works by business association;(c)require the collective management organisations, within fourteen days after the expiry of the period specified in paragraph (a), to notify and share the proposals with users;(d)require the collective management organisations, within fourteen days after sharing the proposals with users, to hold a users' forum to discuss and negotiate the proposed tariffs for the purposes of approving the publication of the new tariffs in the Gazette;(e)require the collective management organisations, within seven days from the date of the meeting under paragraph (d), submit the discussed tariffs to the Board together with a copy of the resolution by the users agreeing to the new tariffs;(f)within seven days after receiving the approved tariffs under paragraph (e), invite, by notice in a newspaper with a nationwide circulation, the public, collective management organisations and any other interested party to a public forum to discuss the draft proposal and collect views on the proposal;(g)hold the public forum contemplated in paragraph (f) within fourteen days of the date of the notice specified in paragraph (f);(h)convene a group comprising of a member of the Board and a representative of the collective management organisations shall incorporate the views and comments from the public forum into the draft tariff proposal and submit it to the Board;(i)convene a validation workshop of the public, collective management organisations and any other interested party within seven days of the forum convened under paragraph (g) to approve the revised tariffs; and(j)submit the revised tariffs to the Cabinet Secretary within seven days of being approved under paragraph (i).