70
Vesting of the
Fund
Cap. 37:01
Cap. 37:02
Financing of
the Fund
Levy on
storage
devices
Copyright
No. 26
100.__(1) The Fund shall vest in the Society and, subject to this
Act, shall be administered in accordance with the Public Audit Act
and the Public Finance Management Act.
(2) The Minister shall approve the provisions drawn up by the
Society on the operation and management of the Fund.
101.__(1) The Fund shall be financed through levies on the
following acts__
(a) performances, sound recordings, broadcasts and
typographical arrangements;
(b) importing, manufacturing or placing of devices for digital
storage materials on the market;
(c) public sale or auction of original works of art; and
(d) offering to the public of paper used for reproduction by the
application of photocopiers or electronic copiers on commercial
terms.
(2) Notwithstanding the sources in subsection (1), the Minister
shall determine and specify annually a fee which is to be awarded
from the Government budget to the Fund for the use of works and
related subject matter in public libraries which offer their
collections to the general public for lending or consultation free of
charge.
(3) The levies and fees pursuant to this section shall be paid
directly to the Society.
(4) For purposes of this section “public libraries “means the
libraries which are wholly or partly funded by the Government.
102.__(1) The levy on the placing of devices for digital storage of
material pursuant to section 101 shall apply in regard to__
(a) devices integrated in computers or other specialised computer
equipment; and
(b) stand alone storage devices such as compact disks and
memory sticks as specified in regulations.
(2) It shall be presumed that the placing of the said devices on the
market is for consumers unless circumstances or evidence clearly
proves that it is for commercial purposes.
(3) The levy shall be paid by the manufacturers or importers of
devices for the digital storage of material
(4)
The levy shall be specified by the Minister of Finance
in consultation with the Minister responsible for culture, by order
published in the Gazette.