ADVOKS GLOBAL · KENYA
The Copyright Act (Collective Management) Regulations
36. Penalty for non-compliance
Edition: 2022-12-31 · In force
36. Penalty for non-compliance
(1)The Board may impose a financial penalty on a collective management organisation if the Board is satisfied upon hearing the collective management organisation that the collective management organisation has failed to comply with its obligations under these Regulations.(2)Where the Board imposes a financial penalty on a collective management organisation under paragraph (1), the Board may also impose a financial penalty on a director, manager or similar officer of that collective management organisation.(3)The amount of the financial penalty shall be such amount as the Board considers appropriate.(4)In deciding what amount is appropriate the Board shall have regard to the nature of the failure of compliance.(5)A financial penalty may comprise of either—(a)a sum not exceeding one hundred thousand shillings; or(b)a sum not exceeding one hundred thousand shillings together with a sum not exceeding ten thousand shillings for each day that the person referred to in paragraph (2) continues to fail to comply with its obligations under these Regulations:Provided that the aggregate sum payable by the director, manager or similar officer shall not exceed one hundred thousand shillings(6)A financial penalty shall be payable to the Board.