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COPYRIGHT ACT
NO. 12 OF 2001
NO. 12 OF 2001
COPYRIGHT ACT
ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART II – ADMINISTRATION
3. Establishment and incorporation of the Board.
4. Headquarters.
5. Functions of the Board.
6. Composition of Board.
7. Functions and powers of the Board.
8. Conduct of business and affairs of the Board.
9. Remuneration of Board members.
10. Delegation by the Board.
11. Executive Director.
12. Staff of the Board.
13. The common seal of the Board.
14. Protection from personal liability.
15. Deleted.
16. Funds of the Board.
17. Financial year.
18. Annual estimates.
19. Accounts and audit.
20. Investment of funds.
21. Appeals.
PART III – COPYRIGHT AND RELATED RIGHTS
22. Works eligible for copyright.
22A. Register of copyright works.
23. Copyright by virtue of nationality or residence and duration of copyright.
24. Copyright by reference to country of origin.
25. Copyright in works of Government and international bodies.
26. Nature of copyright in literary, musical or artistic and audio-visual works.
26A. Computer programmes.
26B. Technological protection measures.
26C. Visually impaired, and persons with other disabilities.
26D. Artist resale right.
27. Broadcasting of works incorporated in audio-visual works.
28. Nature of copyright in sound recording.
29. Nature of copyright in broadcasts.
30. Rights of performers.
30A. Deleted.
30B. Collection and payment of royalty.
31. First ownership of copyright.
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NO. 12 OF 2001
COPYRIGHT ACT
[Date of assent: 31st December, 2001.]
[Date of commencement: 1st February, 2003.]
An Act of Parliament to make provision for copyright in literary, musical and
artistic works, audio-visual works, sound recordings, broadcasts and for
connected purposes
[Act No. 12 of 2001, Corr. No. 44/2002, L.N. 15/2003, L.N. 54/2003,
Act No. 6 of 2006, Act No. 7 of 2007, Act No. 10 of 2010, Act No. 12 of 2012, Act No. 18 of 2014,
Act No. 19 of 2015, Act No. 11 of 2017, L.N. 105/2017, Act No. 18 of 2018, Act No. 20 of 2019.]
PART I – PRELIMINARY
1. Short title
This Act may be cited as the Copyright Act, 2001.
2. Interpretation
(1) In this Act, unless the context otherwise requires—
"accessible format copy" means a copy of a work in an alternative manner
or form which gives a beneficiary person access to the work, including permitting
the person to have access as feasibly and comfortably as a person without
visual impairment or other print disability;
"art market professional” includes an auctioneer, owner or operator of a
gallery, museum, an art dealer or any other person involved in the business of
dealing in artworks;
"artwork" means an original work of visual art created by an artist or artists,
or produced under their authority;
“artistic work” means, irrespective of artistic quality, any of the following,
or works similar thereto—
(a) paintings, drawings, etchings, lithographs, woodcuts, engravings
and prints;
(b) maps, plans and diagrams;
(c) works of sculpture;
(d) photographs not comprised in audio-visual works;
(e) works of architecture in the form of buildings or models; and
(f) works of artistic craftsmanship, pictorial woven tissues and articles
of applied handicraft and industrial art;
“audio-visual work” means a fixation in any physical medium of images,
either synchronized with or without sound, from which a moving picture may by
any means be reproduced and includes videotapes and videogames but does
not include a broadcast;
“authentication device” means any legal device that is used as proof that
works or copies thereof are legitimate;
“author”, in relation to—
(a) a literary, musical, dramatic or artistic work, means the person who
first makes or creates the work;
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“infringement” means any act which violates a right protected by this Act;
“infringing copy” means—
(a) a copy, the making of which constitutes an infringement of any
rights protected by this Act; or
(aa) the transmission of a work or live performance which constitutes
an infringement of any rights protected by this Act through wire
or wireless means to the public, including the making available
of a work or a live performance to the public in such a way that
members of the public may access the work or live performance
from a place and at such a time individually chosen by them;
(b) where imported, a copy the making of which would have
constituted an infringement of such rights if made in Kenya by the
importer;
“inspector” means an inspector appointed under section 39;
"Internet Service Provider" means a person providing information system
services or access software that provides or enables computer access by
multiple users to a computer server including connections for, the transmission
or routing of data;
“Kenya Revenue Authority” means the Kenya Revenue Authority
established under the Kenya Revenue Authority Act (Cap. 469);
“licence” means a lawfully granted licence permitting the doing of an act
controlled by copyright;
“literary work” means, irrespective of literary quality, any of the following,
or works similar thereto—
(a) novels, stories and poetic works;
(b) plays, stage directions, film sceneries and broadcasting scripts;
(c) textbooks, treatises, histories, biographies, essays and articles;
(d) encyclopaedias and dictionaries;
(e) letters, reports and memoranda;
(f) lectures, addresses and sermons;
(g) charts and tables;
(h) computer programs; and
(i) tables and compilations of data including tables and compilations
of data stored and embodied in a computer or a medium used in
conjunction with a computer,
but does not include a written law or a judicial decision;
“Minister” deleted by Act No. 19 of 2015, s. 133(b);
“moral rights” means the rights referred to in section 32 of this Act;
“musical work” means a work consisting of music, irrespective of musical
quality, and includes a graphical notation of such work and works composed for
musical accompaniment;
"owner of the copyright" means the first owner, an assignee or an
exclusive licensee, as the case may be, of the relevant portion of the copyright;
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“rental” means the transfer of, the possession of the original or a copy of
a work or sound recording for a limited period of time in return for a monetary
consideration;
“reproduction” means the making of one or more copies of a work in any
material form and includes any permanent or temporary storage of such work
in electronic or any other form;
"resale royalty right” means the right of an artist or group of artists or
successors to receive resale royalty on commercial resale of an artwork;
“school” means an institution registered or accredited under the
Universities Act, (No. 42 of 2012), the Basic Education Act, (No. 14 of 2013) or
the Technical and Vocational Education and Training Act, (No. 29 of 2013);
“seller” means a person who transfers ownership of the artwork under
commercial resale;
“sound recording” means any exclusively aural fixation of the sounds of a
performance or of other sounds, or of a representation of sounds, regardless of
the method by which the sounds are fixed or the medium in which the sounds
are embodied but does not include a fixation of sounds and images, such as
the sound track of an audio-visual work;
"specialized formats" means Braille, audio, or digital text or any other
media which is exclusively for use by visually impaired or other persons with
disabilities, and with respect to print instructional materials, includes large print
formats when such materials are distributed exclusively for use by visually
impaired or other persons with disabilities;
“"technological protection measure” means any device, product or
component incorporated into a work that effectively prevents or inhibits the
infringement of any copyright or related right";
“work” means literary, musical, artistic, dramatic work, audio visual work
and sound recordings and includes translations, adaptations, new versions, or
arrangements of pre-existing works, and anthologies or collections of works
which, by reason of the selection and arrangement of their content, present an
original character:
Provided that the visually impaired persons work shall be limited to literary
and artistic works whether published or made available in any media;
“work of joint authorship” means a work produced by the collaboration of
two or more authors in which the contribution of each author is not separable
from the contribution of the other author or authors.
(2) For the purposes of this Act, the following provisions shall apply with respect
to publications—
(a) a work shall be taken to have been published if, but only if, copies
have been issued in sufficient quantities to satisfy the reasonable
requirements of the public;
(b) where in the first instance a part only of a work is published, that part
shall be treated for the purposes of this Act as a separate work; and
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(c) a publication in a country shall not be treated as being other than the
first publication by reason only of an earlier publication elsewhere, if
the two publications took place within a period of not more than thirty
days.
[Act No. 19 of 2015, s. 133, Act No. 11 of 2017, Sch, Act No. 20 of 2019, s. 2.]
PART II – ADMINISTRATION
3. Establishment and incorporation of the Board
(1) There is established a Board to be known as “the Kenya Copyright Board”
which shall be a body corporate with perpetual succession and a common seal and
which shall be capable, in its corporate name of—
(a) suing and being sued;
(b) purchasing or otherwise acquiring, holding, charging or disposing of
movable and immovable property;
(c) borrowing and lending money; and
(d) doing or performing all such other things or acts as may be necessary
for the proper performance of its functions under this Act which may
lawfully be done by a body corporate.
4. Headquarters
The Headquarters of the Board shall be in Nairobi.
5. Functions of the Board
The functions of the Board shall be to—
(a) direct, co-ordinate and oversee the implementation of laws and
international treaties and conventions to which Kenya is a party and
which relate to copyright and other rights recognised by this Act and
ensure the observance thereof;
(b) license and supervise the activities of collective management
societies as provided for under this Act;
(c) devise promotion, introduction and training programs on copyright
and related rights, to which end it may co-ordinate its work with
national, regional or international organisations concerned with the
same subject matter;
(d) organise the legislation on copyright and related rights and propose
other arrangements that will ensure its constant improvement and
continuing effectiveness;
(e) enlighten and inform the public on matters relating to copyright and
related rights;
(f) maintain an effective data bank on authors and their works; and
(g) administer and enforce all matters of copyright and related rights in
Kenya as provided for under this Act and to deal with ancillary matters
connected with its functions under this Act.
[Act No. 20 of 2019, s. 3.]
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6. Composition of Board
(1) The Board shall consist of—
(a) a Chairperson appointed by the President;
(b) the Principal Secretary in the National Treasury or a designated
representative;
(c) the Principal Secretary in-charge of matters relating to culture and
heritage or a representative;
(d) the principal secretary in the Ministry responsible for matters relating
to information and communications technology or a designated
representative;
(e) the Attorney-General or a representative;
(f) three persons each nominated by associations recognised by
the Government as representing stakeholders in music, film and
publishing respectively; and
(g) the Executive Director appointed under section 11.
(2) Any person who, immediately before the commencement of this section
was a member of the Board shall be deemed to be a member of the reconstituted
Board for the unexpired period of his or her term.
(3) Appointments under paragraph (1) (f) shall be by the Attorney-General.
[L.N. 54/2003, Act No. 7 of 2007, Sch., Act No. 18 of 2018, Sch.]
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agent of the Board shall, if the matter or thing is done bona fide for executing the
functions, powers or duties of the Board, render the member, officer, employee or
agent or any person acting on his directions personally liable to any action, claim
or demand whatsoever.
15. Deleted by Act No. 12 of 2012, Sch.
16. Funds of the Board
(1) The funds of the Board shall comprise—
(a) such sums as may be granted to the Board by the Cabinet Secretary
pursuant to subsection (2);
(b) such monies or assets as may accrue to or vest in the Board in the
course of the exercise of its powers or the performance of its functions
under this Act or under any other written law; and
(c) all monies from any other source provided for or donated or lent to
the Board.
(2) There shall be made to the Board, out of monies provided by Parliament for
that purpose, grants towards the expenditure incurred by the Board in the exercise
of its powers or the performance of its functions under this Act.
[Act No. 19 of 2015, s. 135, Act No. 11 of 2017, Sch.]
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(b) the work has been written down, recorded or otherwise reduced to
material form.
(4) A work shall not be ineligible for copyright by reason only that the making
of the work, or the doing of any act in relation to the work, involved an infringement
of copyright in some other work.
(5) Rights protected by copyright shall accrue to the author automatically on
affixation of a work subject to copyright in a material form, and non-registration of
any copyright work or absence of either formalities shall not bar any claim from
the author.
[Act No. 18 of 2014, Sch, Act No. 20 of 2019, s. 9.]
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copies of any sound recording for his personal or private use, without payment
of the royalty levied under subsection (3) shall be guilty of an offence and shall be
liable to a fine not exceeding two hundred thousand shillings or to imprisonment
for a term not exceeding four years or to both.
[Act No. 18 of 2014, Sch, Act No. 20 of 2019, s. 17.]
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(2) All claims for compensation under this section shall be made through the
collective management organizations representative of performers and producers
of sound recordings.
(3) The level of the royalty payable shall be agreed between the collective
management organization representative of performers and producers of sound
recordings and the organization representative of manufacturers and importers of
audio recording equipment, audio blank tape and media intended for recording or
failing such agreement by the Board.
(4) The Board shall determine and, by notice in the Gazette, publish the share
of the private copying remuneration applicable to the respective rights holders.
[Act No. 20 of 2019, s. 20.]
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(11) Where, in any action under this section, the author of the literary, musical,
dramatic or artistic work to which the action relates is dead, it shall be presumed,
unless the contrary is proved—
(a) that the work is eligible for copyright; and
(b) that any allegation by the plaintiff that the work is a first publication
and was published in a specified country on a specified date, is true.
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(12) Where, in an action under this section, the sound recording to which the
action relates is reproduced on a record bearing a label or other mark which has
been issued to the public, any statement on that label or mark to the effect that
a person named thereon was the maker of the sound recording or by whom the
recording was first published in a specified year shall, unless the contrary is proved,
be presumed to be true.
(13) In this section—
“record” means any disc, tape, perforated roll or other device in which
sounds or the representations of sounds are embodied which are capable of
reproduction therefrom with or without the aid of another instrument;
“action” includes a counterclaim and references to the plaintiff and to the
defendant in an action shall be construed accordingly;
“court” means a court of competent jurisdiction;
“owner of the copyright” means the first owner, an assignee or an
exclusive licensee, as the case may be, of the relevant portion of the copyright.
[Act No. 20 of 2019, s. 23.]
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(c) for damages arising from material stored at the request of the recipient
of the services, as long as it—
(i) does not have actual knowledge that the content or activity
related to the material is infringing the rights of a third party;
(ii) is not aware of the facts or circumstances of the allegedly
infringing activity unless the infringing nature of the material is
apparent;
(iii) upon the receipt of a takedown notice acts to remove or to
disable access to the allegedly infringing content in the manner
provided under section 35A (5) within forty eight business
hours:
Provided that the exemption shall not apply if the recipient of the service is
acting under the authority or control of the Internet Service Provider.
(d) for damages incurred by a person if the service provider refers or
links users to a webpage containing infringing material or facilitates
infringing activity, by using information location tools including a
directory, index, reference, pointer or hyperlink where the Internet
Service Provider—
(i) does not have actual knowledge that the material is infringing
the rights of that person;
(ii) is not aware of the facts or circumstances from which the
allegedly infringing activity or infringing nature of the material
is not apparent;
(iii) removes or disables access to, the reference or link to the
content or the infringing activity after being informed that the
content or the activity infringes rights of a person.
[Act No. 20 of 2019, s. 24.]
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thereunder shall be paid into the revenues of the Board and the other half shall
be paid into the general revenues of Kenya.
(11) Any complaint alleging a breach of this section may be lodged by a licensed
collective management organization where such rights are managed collectively.
[Act No. 20 of 2019, s. 27.]
PART V – INSPECTION
39. Inspectors
(1) The Board shall, for the purposes of enforcing the provisions of this Act,
appoint such number of inspectors as the Board considers appropriate and shall
issue to them, in writing or in such form as may be prescribed, certificates of
authority to act as such inspectors.
(2) In addition to inspectors appointed under subsection (1), any member of the
Board or a police officer may perform the functions of an inspector under this Act.
(3) A person appointed as an inspector shall hold office subject to such
conditions as the Board may determine with approval of the Cabinet Secretary.
[Act No. 19 of 2015, s. 137, Act No. 11 of 2017, Sch.]
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(2) An inspector may seize and detain any substance or article which he has
reasonable cause to believe to be an infringing copy of any work or in relation to
which or by means of which he has reasonable cause to believe that an offence
under this Act has been or is being committed, and any document which he
has reasonable cause to believe to be a document which may be required in
proceedings under this Act.
(3) Where an inspector seizes any work he shall in writing, notify the person
from whom it is seized the fact of that seizure and shall in that notification specify
any item seized.
(4) Any person who—
(a) wilfully obstructs an inspector in the discharge of the inspector’s
duties; or
(b) wilfully fails to comply with any requirement properly made to him by
an inspector; or
(c) without reasonable cause fails to give to the inspector any assistance
or information which the inspector may reasonably require of that
person for the purpose of the performance of his duties under this
Act; or
(d) in giving any such information as is mentioned in paragraph (c), makes
any statement which he knows to be false or does not believe to be
true,
shall be guilty of an offence and shall be liable to a fine not exceeding twenty
thousand shillings or to imprisonment for a term not exceeding six months or to
both.
42. Powers of arrest
A police officer may arrest, without a warrant, any person suspected, upon
reasonable grounds, of having committed an offence under this Act, and any officer
of the Board who at the time is wearing a visible badge of office and authorized
thereto in writing by the Board, may arrest, without warrant, any person, who, in his
presence, commits any such offence, and may detain such person until that person
can be delivered into the custody of a police officer to be dealt with according to law:
Provided that a person shall not be arrested or detained without warrant unless
reasonable grounds exist for believing that, except by such arrest, the person may
not be found or made answerable to justice without unreasonable delay, trouble
or expense.
[Act No. 10 of 2010, s. 77, Act No. 12 of 2012, Sch.]
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44. Inspectors not personally liable for acts done under this Act
An inspector shall not be personally liable in respect of any act done in good
faith by him in the course of his employment and in the execution or purported
execution of any duty under this Act.
PART VI – PUBLIC DOMAIN
45. Works in the public domain
(1) The following works shall belong to the public domain—
(a) works whose terms of protection have expired;
(b) works in respect of which authors have renounced their rights; and
(c) foreign works which do not enjoy protection in Kenya.
(2) For the purposes of paragraph (b), renunciation by an author or his
successor in title of his rights shall be in writing and made public but any such
renunciation shall not be contrary to any previous contractual obligation relating
to the work.
(3) Subject to the payment of such fees as may be determined by the Cabinet
Secretary in relation thereto, a work which has fallen into the public domain may
be used without any restriction.
[Act No. 11 of 2017, Sch.]
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(d) its principal objectives are the collection and distribution of royalties;
and
(e) its accounts are regularly audited by independent external auditors
elected by the society.
(5) The Board shall not approve another collective management organisation
in respect of the same class of rights and category of works if there exists another
collective management organisation that has been licensed and functions to the
satisfaction of its members.
(6) The Board may, where it finds it expedient, assist in establishing a collective
management organisation for any class of copyright owners.
(7) deleted by Act No. 20 of 2019, s. 30.
(8) deleted by Act No. 20 of 2019, s. 30.
(9) The Board may by notice in the Gazette and two daily newspapers of
national circulation de-register a collective management organisation if its satisfied
that the collective management organisation—
(a) is not functioning adequately as a collective management
organisation;
(b) is not acting in accordance with its Memorandum and Articles of
Association or in the best interests of its members;
(c) has altered its rules so that it no longer complies with subsection 4
of this section; and
(d) it has refused or failed to comply with any of the provisions of this Act.
(10) Before deregistering a collective management organization, the Board
shall notify the organization in writing and invite it and any of its members to make
written representations against deregistration within twenty one days from the date
of the notice.
(11) If, after consideration of any written representations made in terms of
subsection (10), the Board is of the opinion that the failure in question on the part of
the organisation is materially prejudicing or has materially prejudiced its members,
the Board may withdraw the registration thereof or otherwise sanction members of
the Board of Directors or Management of the organization as set out under this Act.
(12) Any person who purports to collect royalties from users as provided for
under this section without authority of the Board commits an offence and shall be
liable to a fine not exceeding five hundred thousand shillings, or to imprisonment
to a term not exceeding four years, or both.
[Act No. 19 of 2015, s. 138, Act No. 11 of 2017, Sch, Act No. 20 of 2019, s. 30.]
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(4) Subject to subsection (5), the Copyright Tribunal shall have jurisdiction to
hear and determine—
(a) a dispute over registration of copyright; and
(b) an appeal against—
(i) the Board's refusal to grant a certificate of registration to a
collective management organization;
(ii) imposition of unreasonable terms or conditions by the Board for
the grant of a certificate of registration;
(iii) unreasonable refusal by a collective management organization
to grant a licence in respect of a copyright work; or
(iv) imposition of unreasonable terms or conditions by a collective
management organization for the grant of a licence in respect
of a copyright work;
(5) Before determining a matter referred to it under this section, the Copyright
Tribunal 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.
(6) The Copyright Tribunal may order the grant of a certificate of registration
or the grant of a license in respect of a copyright work subject to the payment of
the applicable fees.
[Act No. 19 of 2015, s. 140, Act No. 11 of 2017, Sch, Act No. 20 of 2019, s. 33.]
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(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 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;
(ii) to works, other than sound recordings, first 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; 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; and
(c) restrict the right to control the translation or the reproduction of a work
up to the extent permitted by any Copyright Convention for the time
being in force in Kenya:
Provided that the work belongs to or is first published or first made in or first
made available to the public by individuals or bodies corporate who are citizens of,
domiciled or resident in or incorporated under laws of a country which is a party
to a treaty, convention or international agreement which Kenya is a party to and
which provides for the protection of copyright and related rights as Kenya.
(3) For the purposes of Article 94 (6) of the Constitution—
(a) the purpose and objective of delegation under this section is to enable
the Cabinet Secretary to make regulations to provide for the better
carrying into effect of the provisions of this Act and to enable the Board
to discharge its functions more effectively;
(b) the authority of the Cabinet Secretary to make regulations under this
Act will be limited to bringing into effect the provisions of this Act and
to fulfil the objectives specified under this section;
(c) the principles and standards applicable to the regulations made
under this section are those set out in the Interpretation and General
Provisions Act, (Cap 2) and the Statutory Instruments Act, (No. 23 of
2013).
[Act No. 20 of 2019, s. 34.]
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FIRST SCHEDULE
[Section 8.]
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3. Meetings
(1) The Board shall meet not less than four times in every financial year and
not more than four months shall elapse between the date of one meeting and the
date of the next meeting.
(2) Notwithstanding subparagraph (1), the chairman may, and upon requisition
in writing by at least five members shall, convene a special meeting of the Board
at any time for the transaction of the business of the Board.
(3) Unless three-quarters of the total members of the Board otherwise agree,
at least fourteen days’ written notice of every meeting of the Board shall be given
to every member of the Board.
(4) The quorum for the conduct of the business of the Board shall be seven
members including the chairman or the person presiding.
(5) The chairman shall preside at every meeting of the Board at which he is
present but in his absence, the members present shall elect one of their number
to preside, who shall, with respect to that meeting and the business transacted
thereat, have all the powers of the chairman.
(6) Unless a unanimous decision is reached, a decision on any matter before
the Board shall be by a majority of the votes of the members present and voting
and in the case of an equality of votes, the chairman or the person presiding shall
have a second or casting vote.
(7) Subject to paragraph (4), no proceedings of the Board shall be invalid by
reason only of a vacancy among the members thereof.
(8) Subject to the provisions of this Schedule, the Board may determine its own
procedure and the procedure for any committee of the Board and for the attendance
of other persons at its meetings and may make standing orders in respect thereof.
4. Disclosure of interest
(1) If a member is directly or indirectly interested in any contract, proposed
contract or other matter before the Board and is present at a meeting of the
Board at which the contract, proposed contract or other matter is the subject of
consideration, he shall, at the meeting and as soon as reasonably practicable
after the commencement thereof, disclose the fact and shall not take part in the
consideration or discussion of, or vote on, any questions with respect to the contract
or other matter, or be counted in the quorum of the meeting during consideration
of the matter.
(2) A disclosure of interest made under this paragraph shall be recorded in the
minutes of the meeting at which it is made.
5. The common seal
The affixing of the common seal of the Board shall be authenticated by the
signature of the chairman and the Executive Director and any document not
required by law to be made under seal and all decisions of the Board may be
authenticated by the signatures of the chairman and the Executive Director:
Provided that the Board shall, in the absence of either the chairman or the
Executive Director in any particular matter, nominate one member to authenticate
the seal on behalf of either the chairman or the Executive Director.
44
[Rev. 2020] No. 12 of 2001
Copyright
SECOND SCHEDULE
[s. 26(3, Act No. 20 of 2019, s. 35.]
45
No. 12 of 2001 [Rev. 2020]
Copyright
46
[Rev. 2020] No. 12 of 2001
Copyright
Provided that subject to the provisions of this paragraph, the owner of the
broadcasting right in the work receives fair compensation determined, in the
absence of agreement, by the Copyright Tribunal.
47