for the benefit of the rightholders and in its own name, to take all judicial and non-judicial action in connection with the right to receive the compensation for private sound and visual recordings.
(Standard for designation)
Article 104-3
The Commissioner of the Agency for Cultural Affairs may not designate an association in accordance with the provisions of paragraph (1) of the preceding Article, unless such association satisfies the following requirements:
- (i) that it is a juridical person established pursuant to the provisions of Article 34 (Establishment of non-profit corporations) of the Civil Code;
- (ii) that [(a)] in the case of the compensation for the private sound and visual recordings listed in paragraph (1), item (i) of the preceding Article, it is composed of associations listed in (a), (c) and (d) below, respectively, and [(b)] in the case of the compensation for the private sound and visual recordings listed in item (ii) of the same paragraph, it is composed of associations listed in (b), (c) and (d) below, respectively:
- (a) an association (including a federation of associations) which [(a)] is composed of the persons entitled to the right provided for in Article 21 in connection with a work with respect to which a private sound recording has been made, and [(b)] is recognized as representing, in this country, the interests of the persons entitled to the right provided for in said Article in connection with a work with respect to which a private sound recording has been made;
- (b) an association (including a federation of associations) which [(a)] is composed of the persons entitled to the right provided for Article 21 in connection with a work with respect to which a private visual recording has been made, and [(b)] is recognized as representing, in this country, the interests of the persons entitled to the right provided for in said Article in connection with a work with respect to which a private visual recording has been made;
- (c) an association (including a federation of associations) composed of a considerable number of professional performers in this country;
- (d) an association (including a federation of associations) composed of a considerable number of producers of phonograms doing business in this country;
- (iii) that each of the associations listed in (a), (b), (c) and (d) of the preceding item, respectively, satisfies the following requirements:
- (a) that it is not established for profit-making purposes;
- (b) that its members may freely join and withdraw;
- (c) that its members are granted an equal rights to vote and to elect;
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