CHAPTER 4 COPYRIGHT BOARD

CHAPTER 4 COPYRIGHT BOARD

Section 56. There shall be a Copyright Board consisting of the Permanent-Secretary for Commerce as Chairman and qualified members not exceeding twelve persons appointed by the Council of Ministers in which not less than six persons are appointed from representatives of the associations of owners of copyright or performers’ rights and representatives of the associations of users of copyright or performers’ rights.

The Board may appoint any persons secretary and assistant secretaries.

Section 57. A qualified member shall hold office for a term of two years. A member who vacates office may be reappointed.

In the case where a member vacates office before the expiration of term or where the Council of Ministers appoints additional members while already appointed members still hold office, notwithstanding that it is an additional or replacing appointment, the appointeee shall hold office for the remaining term of the members already appointed.

Section 58. A qualified member vacates office upon:

(1) death;

(2) resignation;

(3) being removed by the Council of Ministers,

(4) being a bankrupt,

(5) being an incompetent or quasi-incompetent person;

(6) being imprisoned by a final judgement inflicting imprisonment, except an imprisonment for the offence which has been committed by negligence or for a petty offence.

Section 59. At a meeting of the Board, the presence of not less than one-half of the total number of the members is required to constitute a quorum. In the case the Chairman is not present at the meeting or is unable to perform the duty, the members present shall elect one among themselves to preside over the meeting. A decision of a meeting shall be by a majority of votes.

In casting votes, each member shall have one vote. In the case of an equality of votes, the person presiding over the meeting shall have an additional vote as a casting vote.

Section 60. The Board shall have the powers and duties as follows:

(1) to give advice or consultation to the Minister with regard to the issuance of Ministerial Regulations under this Act;

(2) to decide an appeal against an order of the Director-General according to Section 45 and Section 55;

(3) to promote or to support the associations or organizations of authors or performers with respect to the collection of royalties from users of the copyright work or the performer’s rights and the protection or the safeguard of the rights or any other benefits under this Act;

(4) to consider other matters as entrusted by the Minister.

The Board may appoint a sub-committee for considering or performing any matters as entrusted by the Board, and Section 59 shall apply to the meeting of the sub-committee mutatis mutandis.

In performing the duty, the Board or the sub-committee has the power to issue a written order summoning any person to give statements or furnish documents or any materials for consideration as necessary.

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