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COPYRIGHT SOCIETY OF BOTSWANA (COSBOTS)

RULES ON LICENSING



MUSICAL WORKS














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TABLE OF CONTENTS


CHAPTER I PURPOSE AND DEFINITION OF RULES

Purpose And Scope Of The Licensing Rules

Definitions

CHAPTER II GENERAL RULES ON PRICING AND TARIFFS

Rule 1: Proportional Pricing

2: Fixed Pricing

3: Works Not Provided For In The Rules

4: Adjustment Of Royalty Calculation Basis

CHAPTER III PRICING/TARIFFS PROPORTIONAL TO INCOME

SECTION A: Rights Of Communication To The Public

5: Rights Of Public Performance in Permanent Event Establishments

5.1: Permanent Events With Admission Fees

5.2: Permanent Events Without Admission Fees

5.3: Possible Discount Benefit

6: Establishments And Organizers Of Occasional Events

7: Artistic And Cultural Events

8: Concerts And Variety Shows

9: Film Performances

10: Fashion Parades

11: Sponsored Events

12: Projection Of Cinema Film And Other Audiovisual Works On Screen

12.1: Public Screening

12.2: Cinema Libraries



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13: Radio And Television Broadcasting Rights

13.1: Pricing Of Musical Works On Radio And Television

13.2: Cable Operators (Cable Casters) And Distributors Of Encrypted
Satellite Signals

SECTION B: Rights Of Reproduction

14: Musical Works On Sound Media

15: Content Providers, Telephone Companies On Ringtones

16: Musical Works On Audiovisual Media


SECTION C: Rental Rights

17: Rental Of Musical Works On Audiovisual Media


CHAPTER IV FIXED PRICING/TARIFFS FOR MUSICAL WORKS

General Parameters

SECTION D: Basis And Methods For Calculating Fixed Pricing/Tariffs

Types Of Business Establishments

18: Cafes, Bars, Tearooms, Refreshment Areas, Bottle Stores, etc.

19: Restaurants

20: Hostels, Motels, Lodges, Chalets, Bed & Breakfast, Guesthouses, etc.

21: Shops, Boutiques, Craft Shops, Hairdressing Salons, etc.

22: Department And Chain Stores And Franchises

23: Stallholders/ Funfairs, Trade Fairs And Exhibitions

24: Sports Areas/Grounds

25: Fitness Centers, Gymnasia And Dance Halls

26: Road Transport

27: Rail Transport

28: Air Transport

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29: Terminals

30: Realization/Making Of Commercials for Advertising Agencies

31: Modeling Fees

32: Broadcasting And Diffusion Of Commercials


CHAPTER V: SPECIAL PROVISIONS, LICENSING PROCEDURES AND
SANCTIONS (OR ENFORCEMENT)

SECTION E: Arbitration

33: Arbitration Panel

SECTION F: Special Provision For Broadcasting And Related Organizations

34: Organizations With Headquarters In Botswana

35: Broadcasts Made From Botswana With Technical Installations In
National Territories

36: Declaration lists or Log sheets


SECTION G: Licensing Procedures

37: Authorization For Exploitation Of Works

37.1: Forms For Written Application For License

38: Validity of the License

38.1: Validity Of License Of Permanent Event Establishments

38.2: Validity Of License Of Occasional Events

39: Non-Transferability of The License

40: Display Of The License


SECTION H: Collection Of The Remunerations And Royalties

41: Calculation Of Remuneration

42: Notification and Terms Of Payment


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43: Terms Of Payment For Permanent Event Establishments

44: Terms Of Payment For Occasional Event Establishments

45: Provisional Declaration By Organizers Of Events

46: Payment Before Exploitation Against Receipt Remittance

47: Payment Modalities

SECTION I:

48: Right Of Free Entry On Premises


SECTION J: Conclusion

Approval Of The Rules































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CHAPTER I- PURPOSE AND DEFINITION OF RULES

Purpose Of Rules

These Licensing Rules are made as prescribed by the Copyright and Neighboring
Rights Act Chapter 68:02, Section 36A (3) (b). The rules are designed to govern and
fix the methods of remuneration for musical works communicated to the public,
depending on the methods of their reproduction and communication to the public.

Definitions

A or The Society shall mean the Copyright Society of Botswana, (COSBOTS)
established under section 36A of the Copyright and Neighbouring Rights Act Cap
68:02

Adjusted Gross Revenue means gross revenue of the business less:
a) Advertising Agency commission not to exceed 16.5% actually allowed
to an independent Advertising Agency;
b) Any sums received from the Licensees political radio programme and
announcements, net of agency commissions;
c) Bad debts actually written off and discounts allowed up to 16.5% or
rebates paid; and
d) Rate card discounts (16.5%), cash, quantity and/or frequency actually
allowed;
A guaranteed minimum payment shall mean 30% of the calculated expected
royalties, (per the prevailing COSBOTS tariffs for the use of protected works) that the
licensee has to pay the Society at the issuance of the license, with the outstanding
balance to be paid at an agreed period, within the License year.
Gross Revenue means all:
a) Monetary payments made by or on behalf of:
i. Sponsors or donors for the use of radio broadcasting facilities of the
station;
ii. Sponsors of, or donors to, the Licensees simulcast programme;
iii. Sponsors of, or donors to, the Licensees occasional network
programme;
iv. Time brokers who each provide a programme from less than 10% of
the time the station is on the air, or recognised independent
companies engaged in arrangements with radio or television stations

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generally for the resale of the radio broadcasting facilities of the
station;
v. Independent networks or other programme suppliers for the
broadcasting of such networks or programme suppliers programme
or announcements by the Station;
b) Net promotional revenue;
Means all cash payments that the Licensee shall receive from third parties for the
direct and indirect promotion of their business and also includes non-cash payments
such as payments in goods or services commonly referred to as barter.

Provisional fees shall mean the actual Gross Revenue as defined in Clause 4 of
the Copyright Society Of Botswana (COSBOTS) Rules On Licensing acquired during
the preceding licence year, and all such particulars being certified as correct by the
Licensees auditors or in a manner acceptable to the Society.
Revenue Subject to Fee means adjusted gross revenue or, the Stations adjusted
gross budget less the total of the following itemized deductions which exceeds 5% of
adjusted gross revenues:-
All compensation over and above the total annual amount indicated below, actually
paid by the Station to personnel whose duties primarily are acting as;
a) Master of ceremonies or disc jockey on musical programme, or

b) Vocalist or instrumentalist engaged for a specific programme; or

c) Featured newscaster and news commentator; or

d) Featured sports casters; or

e) Master of ceremonies on an entertainment programme; or

f) Announcer.

The Licensee may not deduct any compensation paid to any person who has
a stock or other ownership interest in Licensee or in the station.

The actual payment by the station to an independent supplier of general news
service (e.g. AP or UPI or REUTER) or specialised news services (e.g. weather,
traffic, business or agriculture reports).



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The following actual costs incurred by the station for a specific programme:-
a) Payments to the telephone company or like transmission utility for remote
pick-up necessary to broadcast the programme from a point outside a studio
of the station;

b) Rights for broadcasting a sport or other special event.

The following actual payments made by the station to an independent network not
licensed by the Society for a specific local programme:-
a) If the network is owned and operated by a college or university, the actual
payment made by the station to the college or university;
b) If the network is not owned and operated by a college or university, the
actual payments made for talent and for broadcast rights (which may not
exceed the amount actually paid to or for the original holder of the
broadcast rights for the particular programme). As well as the actual
payments made to or for the telephone company or like transmission
utility for interconnecting lines and remote lines necessary to broadcast
the programme from a point outside the studio of the Station, which may
not exceed the amount actually paid to or for the telephone company or
like transmission utility.
The following actual costs incurred in connection with the Licensees occasional
network programme:-
a) The payments to the Licensees affiliated stations in connection with those
programmes;
b) The actual payments made for the talent and broadcast rights (which may
not exceed the amount actually paid to or for the original holder of such
broadcast rights); and
c) The actual payments made to or for the telephone company or like
transmission utility for interconnecting lines and remote lines necessary to
broadcast that programme from a point outside the studio of the station,
which may not exceed the amount actually paid to or for the telephone
company or like transmission utility.
Year of the License and License year shall mean the same as Twelve (12)
months period commencing on 1
st
January each year and continuing by tacit
agreement until terminated as provided herein.



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CHAPTER II GENERAL RULES ON PRICING AND TARIFFS

Rule 1
Proportional Pricing (A price/fee determined as a percentage of the gross
revenue of the licensee and COSBOTS predetermined categories of usage,
being essential, important or incidental as stipulated in the tariffs for use of
protected works)

The following shall be subject to proportional pricing:

Reproductions of musical works fixed on sound recordings and audiovisual
media communicated to the public, including the making available to the public
of musical works in such a way that members of the public may access these
works from a place and at a time chosen by them;

Professional performances of musical and dramatico-musical works given on
stage;

Public performances of musical works, as part of permanent or occasional
events such as concerts, galas, banquets, banquet dances etc;

Projections of cinema films by screen operators;

Rentals of videograms for private use at home;

Radio and/or television broadcasting of the musical works.

Online and Digital Content providers of the musical works.

2. Fixed Pricing (A fixed fee/ price that the licensee has to pay to the Society)

Fixed pricing shall be applicable specifically for road transport and terminals, where
the use of works is for incidental purposes; not essential in relation to the
professional activity of the user and in all cases where the conditions of the
exploitation of the works do not allow the precise determination of proportional
remuneration.

3. Works Not Provided For In The Rules

Any use of works not provided for in these rules, shall be the subject of licensing
rules enacted on the basis of their nature, in relation to the pricing principles provided
for above.

4. Adjustment Of Royalty Calculation Basis

The calculation basis for determining royalties to be paid, as provided for by these
rules, shall be updated in line with the changes in reference prices of the media
and/or of the reference prices for provision of services. Adjustment shall be made
from time to time based on the economic situation, inflation, price indices, etc. of the
country.

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CHAPTER III PRICING/TARIFFS PROPORTIONAL TO INCOME

SECTION A: Rights Of Communication To The Public

5. Rights Of Public Performance In Permanent Event Establishments

Permanent event establishments (discotheques, dance clubs, cabarets, etc.) which
use musical works shall be subject to the payment of copyright royalties on the basis
of the gross income. The royalties shall be calculated in proportion to the income
based on the services provided to customers, with a minimum guarantee to be
collected by the Society before or at the time of issuing the license.

5.1 Permanent Event Establishments With Admission Fees

For events organized with admission fees or price such as cabarets, dance clubs and
discotheques, the rate of the proportional royalty shall be fixed according to individual
licenses; with a minimum guarantee, to be collected by the Society, before or at the
time of issuing the license.

5.2 Permanent Event Establishments Without Admission Fees

For events organized without admission fees or tickets and for which the food served
constitutes the only income (dinner dances, buffets, dance banquets), the rate of the
royalty shall be fixed according to individual licenses, with a minimum guarantee to
be collected by the Society before or at the time of issuing the license.

5.3 Possible Discount Benefit

The organizers of permanent events establishments (cabarets, discotheques, dance
clubs, etc.) may benefit from a reduction if they undertake in advance and in writing
to:

5.3.1 declare the income generated in 30 days following the declaration to
the tax authorities;
5.3.2 correctly complete and return to the Society the list and/or program of
all the works performed;
5.3.3 pay the royalties due at the latest within 30 days following the income
declaration.

6. Establishments And Organizers Of Occasional Events

Establishments and organizers of occasional events which use musical works shall
be subject to the payment of copyright royalties on the basis of the gross income
from the events. The royalties shall be calculated on the basis of a percentage of the
gross income generated, with a minimum guarantee to be collected by the Society
before or at the time of issuing the license.




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7. Artistic And Cultural Events

The organizers and establishments for occasional artistic and cultural events with
income from admission shall be subject to payment of copyright royalties calculated
on the basis of a percentage of the gross income generated; with a minimum
guarantee to be collected by the Society before or at the time of issuing the license.

8. Concerts And Variety Shows

For concerts and variety shows consisting of music, the rate of the royalty shall be a
percentage of the gross income generated by the event, with a minimum guarantee
to be collected by the Society before or at the time of issuing the license.

9. Film Performances

Occasional film performances shall be subject to the payment of a royalty calculated
on the basis of a percentage of the gross income generated with a minimum
guarantee to be collected by the Society before or at the time of issuing the license.

10. Fashion Parades and Similar Events

Occasional performances of fashion parades, accompanied by music, shall be
subject to the payment of a royalty calculated on the basis of percentage of the gross
income with a minimum guarantee to be collected by the Society before or at the time
of issuing the license.

11. Sponsored Events

When an event is sold to an organizer, association or firm, the royalties shall be
calculated on the basis of the artistic budget allocated. The artistic budget shall be
understood as the price of the contract concluded between the events firm and the
user-sponsor, excluding possible transport and accommodation costs and the
remuneration of technicians. The rate of the proportional royalty due for the event
sold shall be fixed at the time of issuing license by the Society, with a minimum
guarantee to be collected by the Society before or at the time of issuing the license.

12. Projection Of Cinema Films And Other Audiovisual Works On Screen

12.1. Public Screening

The projection of cinema films and other audiovisual works on screens open to the
public shall give rise to the collection of copyright royalties for the film music on the
basis of the gross income generated. The rate of the proportional copyright royalty
shall also take into account the music played during intervals.

12.2. Cinema Libraries

The collection of royalties for the projection of films in cinema libraries (archives) and
cinema clubs or itinerant cinemas shall be fixed according to special provisions to
be negotiated with this branch of activity.

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13. Radio And Television Broadcasting Rights

13.1. Pricing Of Musical Works Broadcast On Radio and/ or Television

The pricing of musical works broadcast on radio and/or television shall be based on
the broadcasting time. It shall be calculated as a percentage with reference to:
a) the operating budget; or
b) gross income for commercial broadcasters

The percentage of proportional remuneration for musical works broadcast on radio
and television shall be determined by means of negotiation with the radio or
television broadcasting organization concerned. It shall be regularly adjusted to
ensure equitable remuneration for the value per minute of broadcasting of works,
taking into account the changes in the time slot for broadcasting of works and/or
currency depreciation.

13.2. Cable Operators (Cable Casters) And Distributors Of Encrypted Satellite
Signals

Cable Operators (cable casters) and distributors of encrypted satellite signals to their
subscribers in Botswana are subject to the payment of copyright royalties to the
Society. The rate of the proportional remuneration to be paid shall be based on the
gross income of the revenue generated by the subscription activity.

SECTION B: Rights Of Reproduction

14. Musical Works On Sound Media

The copyright royalty for the reproduction of musical works incorporated in sound
media (disks, cassettes, etc.) shall be a percentage on the sale/retail price of the
sound medium. However the rate of the proportional royalty may vary depending on
whether the works are in the protected domain or are in the traditional cultural
heritage and folklore works which have entered the public domain.

15. Content Providers, Telephone Companies On Ringtones, logos etc

Content providers allowing or undertaking music and or other downloads, shall be
charged a percentage on the price payable per download. The same shall apply to
telephone companies on ringtones and other services.

16. Musical Works On Audiovisual Media

The copyright royalty for the reproduction of musical works on audiovisual media
such as clips, concerts-clips, variety shows, etc. shall be a percentage on the
wholesale price charged by publishers or producers. However the rate of the
proportional royalty may vary depending on whether the works are in the protected
domain or are in the traditional cultural heritage and folklore works which have
entered the public domain.


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SECTION C: Rental Rights

17. Rental Of Musical Works On Audiovisual Media

The copyright royalty for the rental of musical works on audiovisual media, such as
clips, concerts, variety shows, etc., shall be based on the income generated by this
form of use. The rate of the royalty shall be a percentage of the gross income
generated, with a minimum guarantee to be collected by the Society before or at the
time of issuing the license.

CHAPTER IV FIXED PRICING/TARIFFS OF MUSICAL WORKS

General Parameters

The fixed pricing of copyright royalties for the incidental use of musical works by
various trades specifically road transport and terminals shall be determined in
general by applying the following main parameters: (however the parameters may be
applied in future for other trades)

1) the surface area of the establishment;
2) the number of places;
3) the classification of the establishment;
4) the equipment used
5) the number of rooms;
6) the geographical situation;
7) the price of drinks;
8) the type of trade.


SECTION D:

Types Of Business Establishments

The determination of the copyright royalty to be paid by different business
establishments using musical works as part of their activity shall be made on the
basis of gross income. However the rate of percentage shall depend on the usage of
music: whether it is essential, important or incidental as determined by the Society.

18. Cafes, Bars, Tearooms, Refreshment Areas, Bottle Stores, And Other
Similar Establishments.

The determination of the copyright royalty to be paid by cafes, bars, tearooms, snack
bars and other establishments of similar nature using musical works as part of their
activity shall be made on the basis of gross income of the establishment. The rate of
the royalty shall be a percentage of the gross income generated, with a minimum
guarantee to be collected by the Society before or at the time of issuing the license.




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19. Restaurants

The determination of the copyright royalty to be paid by restaurants and other similar
establishments using musical works as part of their activity shall be made on the
basis of gross income of the establishment. The rate of the royalty shall be a
percentage of the gross income generated, with a minimum guarantee to be collected
by the Society before or at the time of issuing the license.

20. Hotels, Motels, Lodges, Chalets, Bed & Breakfast, Guesthouses And Other
Similar Establishments

The determination of the copyright royalty to be paid by Hotels and other similar
establishments using musical works as part of their activity shall be made on the
basis of gross income. The rate of the royalty shall be a percentage of the gross
income generated, with a minimum guarantee to be collected by the Society before
or at the time of issuing the license.

21. Shops, Boutiques, Craft Shops, Hairdressing Salons And Other Similar
Establishments

The determination of the copyright royalty to be paid by shops, boutiques, craft
shops, hairdressing salons and other similar establishments using musical works as
part of their activity shall be made on the basis of gross income. The rate of the
royalty shall be a percentage of the gross income generated, with a minimum
guarantee to be collected by the Society before or at the time of issuing the license.

22. Departmental Stores, Chain Stores And Franchises

The determination of the copyright royalty to be paid by departmental stores, chain
stores and other similar establishments using musical works as part of their activity
shall be based on their gross income. The rate of the royalty shall be a percentage of
the gross income generated, with a minimum guarantee to be collected by the
Society before or at the time of issuing the license.

23. Stallholders Or Funfairs, Trade Fairs And Exhibitions

The royalty to be paid shall be based on the gross income declared the previous
year, however with a minimum percentage payable prior to the issuance of the
license by the Society.

24. Sports Areas Or Grounds

Sports stadia and complexes which broadcast musical works for incidental purposes
such as background music at sports events shall be classified as follows:

a) sports stadia used for various athletics disciplines;
b) other stadia and swimming pools;
c) rooms for boxing and other combat sports;
d) football stadia.


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The royalty to be paid shall be a percentage of the gross income generated by the
event, however with a minimum percentage payable prior to the issuance of the
license by the Society.

25. Fitness Centers, Gymnasia And Dance Halls

The determination of the copyright royalty to be paid by fitness centres/ gymnasia
and dance halls and other similar establishments using background or inspirational
musical works as part of their activity shall be based on their gross income, rated as
incidental. The rate of the royalty shall be a percentage of the gross income
generated, with a minimum guarantee to be collected by the Society before or at the
time of issuing the license.

26. Road Transport

Public transport vehicles (taxis, minibuses, buses, etc.) which broadcast background
music shall be classified according to their respective capacity. The annual royalty to
be paid shall be a fixed amount which will be determined by the Society according to
their respective capacity. (Attached tariff schedule).

27. Rail Transport

Passenger transport trains which broadcast background music during journeys shall
be classified according to the category and/or service provided.
The annual royalty to be paid for each train shall be a percentage of gross income
from tickets sold to passengers, with a minimum guarantee to be collected by the
Society before or at the time of issuing the license.

28. Air Transport

Passenger transport aircraft which broadcast background music during journeys
within Botswanas airspace shall be classified according to the journey and/or
capacity. The annual royalty to be paid for each plane shall be a percentage of gross
income from tickets sold to passengers.

29. Terminals

Air, bus and railway stations/terminals which broadcast works within their confines for
background music purposes shall pay a fixed annual royalty in advance determined
by the surface area before or at the issuing of the license. (Attached tariff schedule).

30. Realization Or Making Of Commercials For Advertising Agencies

Advertising Agencies are subject to the payment of a proportional copyright royalty
for the use of musical works produced during the making of commercials, whether
audio and/or audiovisual; and shall be a fixed annual royalty in advance determined
by the Society. The proportional remuneration is determined on the basis of the
advertising budget on the basis of which each commercial is made.



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31. Modeling Fees

Advertising agencies which use voice-over and or soundtracks in their advertising
services are subject to the payment of a royalty which is a percentage of the
advertising budget for the specific mode of communication, with a minimum
guarantee to be collected by the Society before or at the time of issuing the license.

32. Broadcasting And Diffusion Of Commercials

Broadcasting and public performances of commercials shall be subject to the
payment of copyright royalties determined as a percentage of the gross income
concluded with the advertising agency, less agency commission.

CHAPTER IV: SPECIAL PROVISIONS AND LICENSING PROCEDURES

SECTION E: Arbitration

33. Arbitration Panel

The Copyright Arbitration Panel referred to in Section 33A of the Copyright and
Neighboring Rights Act Chapter 68:02 shall arbitrate in the settlement of disputes
arising from the implementation of the present licensing and collection rules.

SECTION F: Special Provisions For Broadcasting And Related Organizations

34. Organizations With Headquarters or Offices In Botswana

The copyright royalty for the broadcasting of musical works, referred to in the present
rules shall be paid by organizations, operators and distributors of encrypted signals
whose headquarters, offices or payment points are situated in Botswana.

35. Broadcast Made From Or Received in Botswana With Technical Installation
In Botswana

The copyright royalty for the broadcasting and or distribution of musical works,
referred to in the present rules, shall be paid by broadcasting organizations,
operators and distributors of encrypted signals whose broadcasts are made from
Botswana or are received in Botswana through technical installations situated in
Botswana or by satellite.

36. Declarations Or Log-sheets

Within the time allotted in the licensing agreements, broadcasting organizations,
operators and distributors of encrypted signals, organizers of live events, owners of
permanent event establishments, digital online content providers, and mobile phone
companies shall provide the Society with declarations or log-sheets of all the works
used/downloaded.



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1) the declarations shall be reliable and legible

2) The Society may apply a discount to those users who have satisfactorily met
their obligations under this Section

SECTION G: Licensing Procedures

37. Authorization For Exploitation Of Works

In accordance with Section 36A 2(a) of the Copyright and Neighbouring Rights Act
CAP 68:02, the exploitation of musical works is subject to a prerequisite written
authorization from the Society.

37.1. Forms For Written Application For License

The written application for a license to use the works shall include details for the
identification of the applicant, details on the establishment and the activities involved
details of actual or expected annual income, as well as details of certificate of
registration issued by the Registrar of Companies and Intellectual Property of
Botswana. Every application for a license shall be made in forms set out and made
freely available by the Society. Such forms are:

1. General Licensing Form
2. Broadcasters Contract

The information provided by the applicant shall be renewed every fiscal year, and the
final applicable fee shall be determined by the Society.

38. Validity Of The License

A license shall be valid only for the purposes in respect of which it has been issued
and for the period of one fiscal year, and with respect to the premises specified
therein.

38.1. Validity For License Of Permanent Event Establishments

The licenses granted by the Society to permanent events establishments are valid for
one (1) year, computed from 1
st
January to 31
st
December. However, if an application
is made in the course of the year, the Society shall determine pro rata temporis the
amount payable for the rest of the year, and a license shall be granted accordingly.

38.2. Validity For License Of Occasional Events

For occasional events, licenses granted by the Society shall expire at the end of the
event for which the license has been granted. The event shall take place at the date
and location indicated in the license.





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39. Non-Transferability Of The License

The license granted by the Society is not transferable or negotiable for transfer under
any circumstances.

40. Display Of The License

The Licensee shall publicly display the license in a prominent and visible position at
or near the main entrance to the premises and/or at which place the public
performance or the exploitation of the works is to be held or undertaken.


SECTION H: Collection Of The Remunerations And Royalties

41. Calculation Of Remunerations for Use of Protected Copyright Works

The amount of the remunerations shall be calculated in accordance with the rules
and pricing modalities established in these rules.

42. Notification And Terms For Payment Of Royalties

The Society shall notify the licensee of the amount of the royalty to be paid by means
of a written invoice. The term of payment of royalties is thirty (30) days from the date
of invoice. However, for a guaranteed minimum payment it is immediately payable
upon issuance of the license.

43. Terms Of Payment For Permanent Event Establishments

The term of payment of royalties due to the Society by permanent event
establishments is thirty (30) days computed from the date of the notification of the
invoice.

44. Terms Of Payment For Occasional Event Establishments

The term of payment of royalties due to the Society by organizers of occasional
events is forty eight (48) hours prior to the scheduled start time of the exhibition,
concerts or any other occasional event.

45. Provisional Declaration By Organizers Of Events

Organizers of occasional events shall provide the Society, in addition to the payment
of the royalty, with a provisional declaration of the works which will be performed.

46. Payment Before Exploitation Against Receipt Remittance

Royalties must be paid to the Society before exploitation of the works can take place;
each payment is made against invoice followed by the remittance of a receipt.




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47. Payment Modalities

The Society may consent to modalities of payment depending on the nature and form
of the establishment or in consideration to the amount of the royalty. However, given
failure to meet a monthly bill, the total amount shall become payable immediately.

SECTION I:

48. Right Of Free Entry On Premises

Employees and/or representatives of the Society, upon showing of an official
COSBOTS ID, shall have the right of free entry in and upon the premises where the
Societies repertoire is exploited, for the purpose of checking the particulars on which
the fee under the licence is assessed, as well as compliance with terms and
conditions of the licence.

SECTION J:

Approval Of The Rules

These rules have been approved by the Copyright Office, to ensure the protection of
the interests of the members of the Society in the field of musical works. Amendment
of any part of these rules and regulations shall be approved by the Copyright Office
prior to implementation. Any amendment not so approved, shall have no effect and
shall not be implemented.

Approved by the Copyright Office on :.(date)


Signed by: Mr. Kesupemang Pitlagano

Acting Copyright Administrator



Signature: -----------------------------------------------




Signed by: Mr. Conductor Paul Masena

Registrar of Companies and Intellectual Property



Signature: -------------------------------------------------