CAP. 130 Copyright [Rev. 2014] (3) Where a dispute has been referred to the competent authority under this section, the competent authority shall, in accordance with such procedure as may be prescribed, give both parties an opportunity to present their respective cases, either in person or through representatives, both orally and in writing. (4) In this section— “collecting society” means an organisation which has as its main object, or one of its main objects, the negotiating for the collection and distribution of royalties and the granting of licenses in respect of copyright works or performer’s rights; and “competent authority” means an authority of not less than three and not more than five persons, one of whom shall be a person qualified as an advocate of the High Court of Kenya of not less than seven years’ standing or a person who holds or has held judicial office in Kenya who shall be the chairman, appointed by the Minister for the purpose of exercising jurisdiction under this Act where any matter requires to be determined by such authority. (5) No person shall be appointed under this section, nor shall any person so appointed act as a member of a competent authority, if he, his partner, his employer body (whether statutory or not) of which he is a member has a pecuniary interest in any matter which requires to be determined by the authority. PART VIII – MISCELLANEOUS 49. Regulations and extensions of application of the Act The Minister may make regulations generally for the better carrying out of the provisions of extension of the Act and, without prejudice to the generality of the application of the doing, the Minister may in such regulations— (a) prescribe anything required by this Act to be prescribed; (b) extend the application of this Act in respect of any or all of the works referred to in section 22(1)— (i) to individuals or bodies corporate who are citizens of, domiciled or resident in or incorporated under the laws of; or (ii) to works, other than sound recordings, first published in; or (iii) to sound recordings made or published in Kenya or a country which is a party to a treaty to which Kenya is also a party and which provides for the protection of copyright and related rights in works to which the application of this Act extends; (c) restrict the right of an author to control the translation or the reproduction of his work up to the extent permitted by any Copyright Convention for the time being in force in Kenya; (d) authorise and prescribe the terms and conditions governing any specified use of folklore, except by a national public entity for noncommercial purposes, or the importation of any work made abroad which embodies folklore. [Issue 3] C40 - 32

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