PART III COPYRIGHT OWNERS’ COLLECTING SOCIETIES 55 Definition of copyright owners' collecting society For the purposes of this Part, "copyright owners' collecting society" means any organisation or association formed for the purpose of promoting and protecting the interests of owners of copyright, licensees or performers and which has been recognised by the Minister under section 56 (3). 56 Recognition of organisation or association as copyright owners' collecting society (1) Any organisation or association of persons formed for the purpose of promoting and protecting the interests of owners of copyright, licensees or performers may apply to the Minister to be recognised as a copyright owners' collecting society for the purposes of this Part. (2) An application in terms of subsection (1) shall be in writing and shall be accompanied by(a) the constitution of the organisation or association; (b) the prescribed application fee; and (c) such other information or documents as may be prescribed or the Minister may determine. (3) If the Minister is satisfied that the constitution of the organisation or association submitted in terms of subsection (2) provides adequately for(a) the requirements for, and the manner of, admission to membership of the organisation or association of persons who are owners of copyright, licensees or performers; (b) the collection on behalf of, and the accounting and distribution to, its members of royalties or other remuneration accruing by reason of the use of works or performances affecting rights pertaining thereto which are protected by this Act; and (c) the inspection by its members of the accounts which it is required to keep in terms of section 58 (1), the Minister may recognise such organisation or association as a copyright owners' collecting society under a name approved by the Minister and issue to it, in such form as the Minister may determine, a certificate to that effect. (4) The Minister shall not approve a name under subsection (3) which is identical to the name of a company registered under the Companies Act, 1973 (Act 61 of 1973) or which corresponds in such manner therewith that, in the opinion of the Minister, it is likely to cause confusion. (5) Upon the recognition of an organisation or association as a copyright owners' collecting society under subsection (3), the Minister shall furnish a copy of the certificate issued to the society in terms of that subsection to the Registrar of Companies, who shall enter the name of the society in the registers kept by the Registrar in terms of the Companies Act, 1973 (Act 61 of 1973).

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