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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