S.L. 415.1 · Control Of The Establishment And (S.L. 415.1)
S.L. 415.1 Art. 11Functions of collective management organisations.
Title II
(1) A collective management organisation, on behalf of, and on the basis of the authorisation by, the authors and other owners of copyright and of neighbouring rights that are its members or that it otherwise represents on the basis of agreements with local or foreign collective management organisations may fulfil the following tasks:
(a) to give authorisation to third parties to carry out acts covered by the exclusive economic rights administered;
(b) to collect fees for authorisation mentioned in paragraph (a) and to collect equitable remuneration where the law provides for such remuneration;
(c) to distribute the fees and equitable remuneration thus collected among the authors and other owners of copyright and of neighbouring rights concerned;
(d) to take any legal action necessary for the enforcement of the rights administered by it;
(e) to carry out any other acts authorised, in keeping with article 24 of the Act, by the authors and other owners of copyright and of neighbouring rights, or by the bodies representing them, whose exclusive economic rights or rights to equitable remuneration are administered.
(2) Companies, business concerns or other organisations which do not conform to the provisions specified in the Act or in these regulations for the operation of a collective management organisation shall have no right to:
(a) grant licenses, collect royalties, or in any way administer economic rights arising from the ownership of copyright or neighbouring rights; or
(b) commence any action for the infringement of the rights or the recovery of royalties; or
(c) otherwise perform any of the functions of a collective management organisation according to the provisions of the Act or these regulations: Provided that, without prejudice to the provisions of sub-regulation (3), nothing in this sub-regulation shall affect the right of authors and other owners of copyright or neighbouring rights to appoint a direct legal representative to manage or administer their economic rights: Provided further that said legal representative only collects fees on behalf of his client and passes said fees directly to his clients and not in the form of a redistribution scheme as normally operated by collective management organisations.
(3) Companies, business concerns or other organisations which perform the functions of collective management organisations [
according to the provisions of the Act and these regulations, shall be considered collective management organisations for the purposes of the Act and these regulations and shall be subject to the relevant provisions thereof.