Seasons greeting to all our readers and we all wish you a very hearty happy new year.
It is our sincere hope true wish that each and every one of will enjoy a very success fill 2018 and get all their heart desires. To kick start things in 2018 we will be discussing registration for COSBOTS membership.
To recap, and in order to lay the foundation for todays subject, we will briefly speak to the concept of collective management and more specifically to the idea of a collective management organisation.
The strength of a Collective Management Organisation (CMO) is determined by the size of its repertoire. Repertoire consists of information about the Society’s registered members, their works, such as songs, agreements as well as information on members of sister Societies.
A CMO primarily provides a service to its various stakeholders that include documentation, licensing, royalties’ collection and distribution. In addition and as a general practice CMO would also provide other ancillary services such as member benefits, which include cultural promotion, lobbying, training for creators, events, festivals, and sponsorships.
Societies across the different regions around the globe carryout registration processes as a way of gathering information about right holders and their works. The process of gathering this information is referred to as documentation. The information so gathered forms the bases on which royalties are distributed. Without the documentation process being carried out it would be impossible to distribute royalties.
As a compassionate Society, COSBOTS recognizes that some of our deceased rights holders were bread winners for their families and has enabled such beneficiaries to benefit from royalties of their family members. Copyright law makes provision for artists to be entitled to their Copyrights through out their lives and in addition they continue to be entitled to their royalties posthumously for a period of 50 years after they are deceased.
COSBOTS Registration Process:
COSBOTS registration process is outlined in the membership and distribution rules of the Society. The rules document governs membership and the processes guiding how artists can become members. It is therefore necessary for all applicants or those wishing to apply to acquaint themselves with the membership rules.
This is important in order for applicants to be aware of the various processes of membership application and for successful applicants admitted as members to also be aware of their rights and obligations upon becoming a member. The registration process commences with applicants meeting the basic requirements by presenting the COSBOTS Documentation and Registration Department and with the following items:
l A copy of the work being notiﬁed to COSBOTS.
l In case of publishers and producers, a certiﬁed copy of certiﬁcate of incorporation or business name will be required, certiﬁed by the Registrar Of Companies and Intellectual Property. Copies of agreements with composers and authors of works are also required
l For identiﬁcation: Three (3) recent passport size photographs and a copy of identity card/passport/birth certiﬁcate.
l For citizens of Botswana, a certiﬁed copy of national identity card or (birth certiﬁcate if less than 16 years and should be accompanied by a parent or guardian).
l A valid passport for foreigners and residence permit (people under the age of 16 should be accompanied by parent/s or guardian).
l Copies of written agreements for works
l Names of group members and a nominated representative if it is a group/band or choir.
l. Death Certiﬁcate from Civil and National Registration if applying on behalf of a deceased person.
l Any other document that can assist to prove or support your claim to copyright ownership in the work.
l Bank Account Details of the applicant/s as well as those for the beneﬁciary/ies.
Once all the aforementioned documents have been furnished to COSBOTS, save for completing the relevant COSBOTS membership forms, the applicant would have then satisfactory fulfilled the eligibility requirements. The membership forms referred to above include completion of an individual membership form, group membership form and works notification forms. Applicants are in addition to meeting the basic requirements need to complete the above forms.
On completion of the forms the applicant is then accorded provisional membership. The Society will then proceeds with the formal and substantive assessment of the provisional member’s documents and works. This assessment includes authentication of the work submitted.
Authentication describes the assessment process that is aimed at ascertaining the originality of work by a panel of experts who are convened for such purposes. An applicant can remain a provisional member for a period not exceeding six months.
After completion of the assessment process the applicant is recommended to the Board for approval to become a full member of COSBOTS. Admission to become a full member is at the sole discretion of the COSBOTS Board of Directors may Once a member there is continues eligibility assessment that is conducted by COSBOTS and retention of membership is not guaranteed and again at the Board discretion, a person may cease to become a member.
Membership of any person shall cease upon:
the expiry of the period for which copyright is held and the right holder shall no longer be entitled to distributions of royalties.
l Absolute sale or disposal of the rights protected under copyright to a third party
l A member may also give notice of not less than three months, in writing for the Society to determine his/her membership and if such notice has been accordingly accepted by the Society membership shall cease accordingly
l Membership of a limited company may cease upon liquidation of the company. The rights controlled by the company will then remain so vested for a period of seven years following the liquidation of the company. Any payments to the company in this case will be made to the person entitled to receive debts due to the limited company.
As an organisation representing the interest of all members, existing and potential, COSBOTS encourages all potential members to continuously familiarise themselves with the above information outlining the registration processes of the Society.
Members are encouraged to register all their works so as to benefit from collective management of their copyright works and royalty distributions by the Society.
Membership is free of any charge and allows members to participate and benefit from influencing policy making through a vote during general meetings. This concluded our discussion on the topic of member registration.