Owners of copyrights or neighbouring rights may, for purposes of exercising their rights, set up copyright and neighbouring rights collective management bodies.
Only one body may be created for each category of copyright or neighbouring right.
The categories shall be determined by genre or by necessary association.
The provisions of Section 75(1) of the law shall be without prejudice to the freedom of authors and holders of neighbouring rights to directly exercise their rights hereunder.
Conditions for controlling the setting up and functioning of collective management bodies in charge of copyright and neighbouring rights shall be defined by regulation.
Authors, performers, phonogram and video gram producers, publishers or their legal representatives may be members of a collective management body.
Unless otherwise agreed upon, membership of an organization shall confer the right to undertake any collective management activity such as authorization to exploit works, collection and distribution of royalties and legal defence of rights.
Collective management bodies must make available to interested persons the list of members and their works.
Collective management bodies shall use part of their proceeds following a scale laid down in their by-law and other basic instruments approved by the Minister in charge of culture.
Any collective management body must submit to the Minister in charge of culture, spontaneously or upon his request:
(a) Annual accounts;
(b) Amendments to its by-laws and other basic instruments as well as rules for collecting and sharing royalties, at least one month before their consideration by the general assembly;
(c) Cooperation agreements and other conventions signed with third parties;
(d) Decisions of the general assembly;
(e) Balance sheets and reports, as well as auditor’s reports;
(f) The names of the organization’s representatives.
The Minister in charge of culture or his representative may collect on actual evidence and on the spot, information mentioned.