STAATSKOERANT, 1 JUNIE 2006 Administration of rights 6.(1) ~ 0 . 2 a a9~ 4 A collecting society shall administer the rights of its members and the proceeds of the exercise of such rights in accordance with the Copyright Act, 1978, the Performers’ Protection Act,, 1967, and these Regulations. (2) The aim of a collecting society shalt be to administer public playing rights effectively and efficiently, to maximise the economic exploitation of the rights entrusted by the rightholders for their direct benefit and not to generate or accumulate unneeded profits in the hands of the collecting society itself, and to distribute the proceeds of;such exploitation equitably amongst its members. A collecting society shall distribute at least 80% amongst its members, and not more than 20% shall be retained by the collecting society after distribution to defray its costs or apply otherwise. (3) Whenever desirable or expedient, a collecting society shall enter into reciprocal agreements with foreign collecting societies or rightholders, and it shall administer the rights entrusted to it and shall distribute at least 8Q% of the money collected to its members. Licensing A collecting society shall make available, on non-discriminatory terms, for any potential user of public playing rights the complete repertoire of records in respect of which the public playing rights are owned by the South African and foreign rightholders that it represented by it. A collecting society may enter into framework agreements with representative trade association and user groups concerning the use of the repertoire by potential users affiliated to them. Based on any framework agreement, OF in the absence of a framework agreement by way of negotiation, the collecting. society may enter into non-exclusive licence agreements with individual users or user groups. Framework agreements and individual non-exclusive licence agreements shall contain such terms and conditions as are necessary to enable the collecting society to comply with its obligations under the Copyright Act, 1978, Performers’ Protection Act, 1967, and these Regulations. As part of a framework agreement or a non-exclusive licence agreement, the collecting society may negotiate with trade associations and representative bodies of potential users or user groups, or with individual users, a tariff that determines the amount and the manner of payment of the royalties in respect of the use in question, as well as the conditions of use and the information to be furnished to the collecting society to enable the proper distribution of any payments received. A tariff accepted by the collecting society and the trade association in question, or by the representative bodies or user groups, as the case may be, may jointly be submitted to the Registrar for approval and publication in the Government Gazette and South African Intellectual Property Law Journal for notification. Any potential user falling within the scope of the tariff as published and complying with its terms shall be granted a ticence by the collecting society upon assuming the obligation of the payment of the royalties established under the tariff. Should a dispute regarding the applicability of a tariff concerning an individual user or user group arise, application may be