Copyright Act, 1978 (Act No. 98 of 1978)RegulationsCollecting Society Regulations, 20061. Interpretation |
In these regulations, unless the context otherwise indicates—
| (i) | terms and expressions defined in the Acts of Parliament or in the regulations or in the General Notice listed below shall carry the same meaning as defined therein: |
| - | The Copyright Act, 1978 (Act No. 98 of 1978), as amended; |
| - | The Performers' Protection Act 1967, (Act No. 11 of 1967), as amended; |
| - | The Copyright Regulations, 1978, published as GN No. R 2530 GG No 6252 of 22 December 1978, as amended by GN R1211 GG No 9775 of 7 June 1985, and by GN No 1375 GG No 9807 of 28 June 1985; |
| - | General Notice No 136 of 1989 published in GG No 11718 of 3 March 1989 |
| (ii) | "framework agreement" |
means
| (a) | a licensing agreement between a collecting society and a trade association or a user group fixing the terms and conditions of use of the repertoire of public playing rights collectively held by individual members of the trade associations or user groups, or persons affiliated to them; or |
| (b) | an agreement setting common standards and providing a uniform basis for the conclusion of individual licensing agreements between the collecting society and potential users being members of the trade association or user group concerned, or affiliated to them; |
| (iii) | "public playing right" |
means the right of a rightholder to receive a royalty in terms of section 9A of the Copyright Act, 1978, and/or the right to receive a royalty in terms of section 5(1)(b) of the Performers' Protection Act, 1967, as the context dictates;
| (iv) | "Registrar" |
means the Registrar of Copyright at the Companies and Intellectual Property Registration Office (CIPRO);
| (v) | "rights of members" or "members' rights" |
mean public playing rights of rightholders who are members of the collecting society seeking or granted accreditation;
| (vi) | "rightholders" |
means the owners or licensees of public playing rights.