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Copyright Act, 1978 (Act No. 98 of 1978)


Collecting Society Regulations, 2006

Chapter 2 : Obligations of collecting societies

5. Membership structure


(1) A representative collecting society shall be open to all persons either directly or through the membership of a collective organisation representing a particular group of rightholders having a similar interest.


(2) Where a representative collecting society has as members both owners of copyright in sound recordings and performing artists, whether directly or through one or several of its members as a collective organisation of performers or of copyright owners, the governing structure of the collecting society shall provide for equal representation of both owners of copyright in sound recordings and performers to take part in the decision-making process of the highest executive organ of the collecting society and the general assembly of members.


(3) Each member of a collecting society must have at least one vote.


(4) Any member shall be entitled, to obtain—
(a) annual statements of accounts and the list of persons that constitute the highest executive organ and/or senior management of the collecting society;
(b) reports of the highest executive organ and of the auditors, the reports to be submitted to the general meeting;
(c) where appropriate, the text and motivation of resolutions submitted to the general meeting of members, and information concerning candidates for the highest executive organ and senior management; and
(d) the overall amount, certified by the auditors, of the remuneration paid to any director or other employee of the collecting society.


(5) Nothing in these Regulations shall reduce, detract or affect in any way the rights or remedies that members of the collecting society are entitled to, or any relief available to them, under their membership agreement, the common law or any applicable legislation governing the legal entity accredited as a collecting society.