(1) A person or association of persons shall not, after the coming into force of this Act, commence or carry on the business of issuing or granting licences in respect of any work in which copyright or related rights subsists or in respect of any other rights conferred by this Act except in accordance with the registration granted under subsection (3).
(2) Despite subsection (1)—
(a) the owner of copyright or related rights shall, in his or her individual capacity, continue to have the right to grant licences in respect of his or her own works consistent with his or her obligation as a member of a collective society; and
(b) a collective society functioning immediately before the coming into force of this Act shall be deemed to be a collective society for the purposes of this Act and every such society shall get itself registered within a period of one year from the date of commencement of this Act.
(3) Any association of persons who fulfils such conditions as may be prescribed may apply for permission to do the business specified in subsection (1) to the Registrar.
(4) The Registrar may, having regard to the interests of authors and other owners of rights under this Act, the interest and convenience of the public and the ability and professional competence of the applicants, register such association of persons as a collective society subject to such conditions as may be prescribed.
(5) The Registrar shall not ordinarily register more than one collective society to do business in respect of the same class of works.
(6) The Registrar may, if it is satisfied that a collective society is being managed in a manner detrimental to the interests of the owners of right concerned, cancel the registration of the society after such inquiry as may be prescribed.
(7) If the Registrar is of the opinion that in the interest of the owners of rights concerned, it is necessary so to do, it may, by order, suspend the registration of a society pending inquiry for a period not exceeding one year as may be specified in the order and the Registrar shall appoint an administrator to discharge the functions of the collective society.
(8) In the exercise of his or her functions under this section the Registrar shall act after consultation with the Minister.
(Inserted by Act 7 of 2000)