Mauritius Society of Authors (MASA)

Mauritius Society of Authors (MASA)

STATUTES

Statutes

INDEX

Name

2. Objects

Legal Domicile

Administration of Copyright

International Collaboration

Membership

Legal Advice and Information

The Bodies – description

1.The General Assembly

2.Voting by Proxy

3.The Board

4.Committees

5.Administration

Representation

Liability

Financial Year

Notifications and Communications

1.NameThe Society shall bear the name of:

“The Mauritius Society of Authors”

to be known as “MASA”

2.Objects

2.1MASA shall: -

a. determine the criteria for, and classes of, membership of the Society;

b. represent and defend the interests of its members in Mauritius and Abroad;

c. contribute by all appropriate means to the promotion of national creativity in the artistic, literary and scientific fields;

d. administer, on an exclusive basis, within Mauritius such economic rights of its members as the Society may determine;

e. collect copyright fees from the users of works on behalf of its members and distribute those fees among those members;

f. make reciprocal agreements with foreign countries of authors for the issue of exclusive authorizations in respect of their members’ works and for the collection and distribution of copyright fees deriving from these works;

g. endeavour to obtain the transfer of membership of Mauritian authors who are members of foreign societies of authors and safeguard in favour of Mauritian authors whose membership has been transferred all the advantages which may have accrued to them before the transfer;

h.help in the preparation of standard forms of contracts for the benefit and use of its members;

i.foster such harmony and understanding between authors and the users of their works as are necessary for the protection of the authors’ economic rights;

j. provide its members with information or advice on all matters relating to copyright;

k. establish and administer a Provident and Benevolent Fund for authors and their heirs

L. Negotiate with any users of a work:

(i) the conditions of, and the fees to be paid for, the authorisation to be given to do an act covered by any economic rights referred to in paragraph (d) of the Statute

(ii) the amount of equitable remuneration where the right to such remuneration is administered by the Society

M. Grant any authorisation, which is permitted to give under the Copyright Act in force in Mauritius.

N. Do any further activities, which it has been authorised to do any authors whose economic rights or rights

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2.2 Through its activities, MASA shall serve the authors and publishers of all countries. It shall ensure that the copyright liabilities resulting from the use of works can be met with the minimum of administrative effort. As far as possible, it shall perform its tasks in collaboration with all areas of intellectual life.

Legal Domicile

MASA shall have its legal domicile in Mauritius.

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4.Administration of Copyright.

4.1Scope

The economic rights (hereinafter called “the rights”) to be administered by MASA shall be determined by its General Assembly

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4.2Mandates

(a) MASA shall administer the rights of authors, other copyright owners or exclusive licensees (hereinafter called “the right-holders”) who mandate it with such administration.

(b) Mandates shall be given in writing and shall include the assignments or transfer of the rights to MASA for the duration of the mandate.

(c)MASA shall not refuse such mandates.

(d)The mandates may apply:

Þ in the case of authors, to all the works that have already been or may in the future be created by them;

Þ in the case of publishers, to all works on which they have acquired copyright;

Þ in the case of heirs and assigns, to the copyrights which have been transferred to them.

From these works may be excluded those which the author or publisher does not wish, or wishes only in part, to entrust to MASA.

(e) The mandates shall be valid for all countries in which the mandator can dispose of copyright at the time when the mandates are granted.

(f) The mandators shall announce their works to MASA and shall give it all the information necessary for the administration of their rights.

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4.3Administration without Mandate

MASA shall administer, on a basis of management without mandate, the rights of right holders who are not in a position to assert their claims themselves.

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4.4Equal Treatment

MASA shall observe the principle of equal treatments in dealing with all the rights itadministers.

MASA shall refrain from influencing in any way the choice of works to be performed, broadcast or recorded on sound and picture carriers.

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4.5The Mauritius Society of Authors may authorise any applicant, in return for an appropriate royalty, to use in unchanged form a protected work.

It may refuse such authorization if the applicant fails to use sufficient care in the use of protected works, or if he is unable to offer sufficient guarantee for the payment of the royalties.

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4.6The Mauritius Society of Authors shall permit the following utilization of works only after consultation and with the express consent of the right-holder

Þ utilization of pre-existing works in commercials

Þ utilization for advertising purposes

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4.7The Mauritius Society of Authors shall draw up and publish generally applicable tariffs for the various kinds of uses.

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4.8The Mauritius Society of Authors shall ensure that the rights safeguarded by it are respected everywhere. It may waive claims to such rights if, under special circumstances, it appears inopportune to assert them.

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4.9The Mauritius Society of Authors shall safeguard such rights as assigned to it by authors and publishers or transferred to it by foreign societies.

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4.10The Mauritius Society of Authors shall exercise in its own name all rights that are assigned or transferred to it. It shall be competent to deal independently with all legal business, to institute legal proceedings and to effect compromises.

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4.11The royalties collected shall be distributed by the Mauritius Society of Authors according to the principle that all authors and publishers shall, as far as possible, receive the shares brought in by their own works.

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4.12The rules for the distribution of royalties shall be set forth in special documents

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4.13Distribution shall be done as quickly as possible. The payments to authors, publishers and affiliated societies shall be made at least every six months.

Detailed accounts shall be sent to the authors and publishers.

The royalties received by the Mauritius Society of Authors from sister societies shall likewise be forwarded without delay to the authors and publishers concerned.

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4.14The Mauritius Society of Authors may differ the payment of shares that cannot be precisely determined because data concerning the authors or publishers of a work is lacking or incomplete. It shall endeavour to settle such cases by making further inquiries.

When inquiries remain unanswered for more than three months, the Mauritius Society of Authors may assume that the authors or publishers concerned have no interest in the works which are the object of the inquiries.

Shares which cannot be allocated shall be credited to MASA.

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4.15From the royalties collected, the Mauritius Society of Authors shall deduct the amount required for covering its administrative costs. Unless otherwise provided for in the contracts with foreign sister societies, the percentage deducted shall be the same for authors and publishers of the Mauritius Society of Authors as for those of foreign sister societies.

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4.16 From the royalties collected, the Mauritius Society of Authors, may deduct—

Þan amount for the Provident Fund for authors and publishers who are members of the Mauritius Society of Authors.

Þan amount for the promotion of cultural activities.

Together, these two amounts may not exceed 10% of the royalties after deduction of the administrative costs.

The rules governing the Provident Fund shall be set forth in a special document.

5.International Collaboration

5.1For the accomplishment of its task abroad, the Mauritius Society of Authors may forfeit the rights assigned to it and transfer them to foreign sister societies.

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5.2The Mauritius Society of Authors may become a member of international associations.

6.Membership

6.1Conditions

MASA shall accept as members, with the right to vote and to be elected as members of the Board of Management, persons who fulfil the following conditions:

(a) Authors

Þ Nationals of Mauritius.

Þ Foreigners who have resided in Mauritius for more than 3 years.

(b) Mandators

Þ Right holders who have mandated MASA with the administration of their rights.

Þ who have invested in Mauritius and who have in their employment a Mauritian personnel of more than five. Only one publisher amongst those belonging to one publishing group shall be eligible for membership.

(d)Copyright Owners and Exclusive Licensees

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6.2Procedure

(a) Right-holders seeking for membership with MASA shall address to the Board anapplication.

(b) The Board shall decide, within a period of three months, on the acceptance or rejection of applications. It need give no reason for its decisions.

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6.3Admission Date

Membership commences on the 1st of the month following the decision of the Board to accept as a member, the author or publisher.

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6.4Members’ Subscription Fee

(a) Membership is subject to payment of an annual subscription fee, payable on 1st July each year. The amount of this fee shall be fixed by the Board and ratified by the General Assembly. It shall be equal for all members.

(b) All rights of membership shall be withdrawn unless the subscription fee is paid within three months following the due date

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6.5Decease of an Author Member

After the decease of an Author-member, his heirs shall take over his membership. For their dealings with MASA, they shall appoint a representative to act on their behalf.

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6.6Take over of Publishers

On the take-over of a publishing house which is a member of MASA, membership shall pass to its legal successor provided it meet the requirements for membership.

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6.7Transferability

Membership shall not be transferable.

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6.8Withdrawal

Members may resign from MASA three years at the earliest after the date of admission. Notice of resignation must be given in writing at least three months in advance. Failing such notification, membership will automatically continue for a further annual exercise.

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6.9Expiry of Membership

Membership of authors and publishers who have not received payments from MASA for five consecutive years shall expire.

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6.10Exclusion

Members who repeatedly fail to meet the obligations attaching to membership may, after two warnings given in writing at an interval of at least six months, be excluded from MASA by the Board.

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6.11Final Account

(a) At the end of membership, the member shall refund to MASA any amount which has been spent in excess for administration of his rights

(b) The member shall be entitled to receive from MASA an account for the last year of his membership and payment of the royalties due to him.

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7.Legal Advice and Information for Right-holders

MASA shall offer advice and information to right-holders on legal matters in the field of copyright.

Information in connection with copyright shall be provided free of charge.

MASA shall be prepared to mediate and arbitrate in cases of discord between authors or between authors and other right-holders

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8.The Bodies --- Description

8.1The bodies of the Mauritius Society of Authors shall be –

Þ the General Assembly

Þ the Board

Þ the Committees

Þ the Administration

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9.The General Assembly

9.1 The General Assembly shall be the meeting of all the members.

One fifth of the members of the Society shall constitute a quorum.

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9.1.2Each member shall have one vote.

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9.1.3The General Assembly shall be presided by the Chairman of the Board. In his absence, the Board shall appoint a member of the Board to take the chair.

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9.1.4The General Assembly shall have the following powers:

Þ to elect the number of members of the Board as stipulated in Section 15 of copy right act 1986.

Þ to approve the Annual Report, Balance Sheet and accounts;

Þ to give discharge to the Board

Þ to decide what amount shall be set aside for social benefits in favour of the members and to decide upon the provisions of the Provident Fund.

Þ to decide what amount shall be set aside for the promotion of culture;

Þ to decide upon the administration of other rights and works.

Þ to modify the Statues.

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9.1.5The meeting of the ordinary General Assembly shall be held once a year usually not later than 31st of March.

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9.1.6The date of the annual General Meeting shall be announced to the members at least one month in advance. The ordinary General Assembly shall be convened by the Board. The invitations must be in writing and be dispatched to members at least 15 days before the date of the meetings.

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9.1.7Extraordinary General Assembly

An extraordinary General Assembly may be convened at any time by the Board.

The Board shall be under the obligation to convene an extraordinary General Assembly if this is demanded in writing by at least one tenth of the members or by vote on the occasion of a General Assembly, with due indication of the agenda.

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9.1.8The agenda for each General Assembly must be indicated in the invitation to attend. Important motions must be explained. In the case of a modification of the Statues, both old and new texts must be given.

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9.1.9Unless otherwise provided by law or in the Statutes any General Assembly shall be competent to pass resolutions in the quorum is attained. The decisions shall be taken by absolute majority of the vote cast. Abstentions shall not be counted as votes.

However, the following decisions shall require a majority of two thirds of the votes cast:

Þ decision to administer other rights;

Þ decision to modify the Statutes;

Þ decision to dissolve the Mauritius Society of Authors

Normally, votes shall be taken and elections made by show of hand. Only if it is demanded by at least one tenth of the members present shall there be a secret ballot.

In the event of equality of votes for and against a motion, the Chairman shall have the casting vote.

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9.2Voting by Proxy

9.2.1The Board may accepts vote by proxy at the General Assembly. The proxy shall be a member of the Mauritius Society of Authors but can only vote for a maximum of five proxies.

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9.3The Board

9.3.1The Board shall be constituted according to the Section 15 of the Copyright Act 1986.

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9.3.2The Chairman and Members of the Board shall hold office as stipulated in Section 15 of the Copyright Act 1986.

Each member of the Board shall have one vote.

The members of the Board may not act as proxies for absent members.

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9.3.3The meetings of the Board shall be directed by the Chairman. In his absence, the Board shall appoint one of its members to take the chair.

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9.3.4The Board shall be competent to take decisions on all matters that are not expressly reserved for other bodies.

It shall be responsible, above all, for:

Þ admitting and excluding members, as well as fixing the minimum amount of royalties for the admission of members;

Þ taking decisions concerning the distribution rules;

Þ dealing with all the appeals lodged by members against decision of the management;

Þ dealing with appeals against the management’s decisions to refuse mandates;

Þ preparing and convening meetings of the General Assembly;

Þ implementing the decisions of the General Assembly;

Þ drawing up annual reports;

Þ drawing up Balance Sheets and Annual Accounts;

Þ supervising the conduct of business;

Þ constitution of committees of the Boards;

Þ nominating the persons authorised to sign as stipulated in Section 19 of the Copyright Act 1986, stipulating his mode of signing.

Þ appointing the Secretary and fixing his salaries and other conditions of service;

Þ appointing the legal officer and fixing his emoluments and other conditions of appointment;

Þ appointing an auditor;

Þ appointing such other staff as may be necessary to the proper discharge of its function under the Copyright Act 1986.

9.3.5The Board shall meet whenever necessary.

The Chairman or one third of the other members of the Board may at any time demand the urgent convocation of the Board. The meeting must then take place within the next four weeks.

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9.3.6The Board shall meet on the invitation of the Chairman. The invitation must be dispatched, at the latest, eight days before the meeting.

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9.3.7The Board shall be competent to pass resolutions if the quorum, as stipulated in Section 15 of the Copyright Act 1986, is attained.

All decisions of the Board shall be taken by absolute majority of the votes cast.

Abstentions shall not be counted as votes.

In the event of equality of votes for and against a motion, the Chairman shall have the casting vote.

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9.3.8The member of the Board shall receive an allowance. The Chairman shall receive a fixed indemnity.

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9.4Committees

9.4.1There shall be a committee for each of the following categories:

(a) Music

(b) Literature and Journalism

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9.4.2Each Committee shall consist of seven members, four to be elected by the General Assembly and three to be appointed by the Board.

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9.4.3 The tasks of the Committee shall be assigned to them by the Board

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9.4.4Only members of MASA may be eligible for election and appointment as members of the Committees.

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9.4.5Each member of a Committee shall have one vote. Members of the committees may not act as proxies for absent members.

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9.4.6Any members of the Mauritius Society of Authors may take part, in an advisory capacity, in the proceedings of the Committees.

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9.4.7The Committees shall appoint a Chairman for each of their meetings. Four members of a Committee shall constitute a quorum

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9.4.8The Committees shall meet whenever necessary. Three members of a Committee may at any time submit to the management a demand for the urgent convocation of the committee. The meeting must then take place within the next three weeks.

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9.4.9 The Committees shall meet on the invitation of the management.

The invitations to attend committee meetings must be dispatched, at the latest, eight days before the day of the meeting.

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9.4.10The Committees shall be competent to pass resolutions if the quorum is attained. All their decisions shall be taken by absolute majority of the votes cast. Abstentions shall not be counted as votes.