BLACA Rules
(as adopted at the founding meeting - 21st July 1981)
1. Objects
The Association called ‘British
Literary and Artistic Copyright Association’ referred to in these rules
as ‘the Association’ found on July 1981 shall have the overall object of
being the British National Group of The International Literary and
Artistic Association (ALAI) founded in Paris on 28th June 1878. It shall
provide a British forum for the examination of matters affecting
authors’ rights and neighbouring rights; as such its specific objects
shall be similar to those of ALAI, namely:
(a) the defence and propagation
of legal principles ensuring international protection of authors’ rights
and all matters relating thereto:
(b) the study and comparison of
national copyright laws, of projects tending to develop, perfect and
unify these laws and of other laws designed to ensure the recognition
and legal protection of authors in all countries;
(c) the improvement and
extension of application, especially by revision, of the International
Conventions relating to copyright especially the Berne Convention and
the Universal Copyright Convention, as well as the drawing up of all new
International Conventions devoted to the same end;
(d) the examination of all new
measures tending to establish or modify any right related to authors’
rights or neighbouring rights especially by way of International
Conventions;
(e) the participation in
studies and activities of national or international organisations
pursuing the same ends.
The Association shall seek,
whenever practicable to achieve the above objects on the international
level through the medium of ALAI.
2. Membership
a) Admission
Any natural person domiciled or resident in the British Isles and
having an interest in the furtherance of the Association’s objects may
apply for membership of the Association and it shall be within the
absolute discretion of the Executive Committee whether to admit such
applicant to membership except as provided in Article 2(b)(i).
b) Categories
The membership categories shall be:
- Honorary members:
this category shall be for persons designated ‘Honorary Member’ by
the General Meeting on the proposal of the Executive Committee as
persons having rendered outstanding services to the cause of
copyright; membership in this category shall confer the right to
attend and vote at General Meetings and carries exemption from the
payment of membership subscription.
- Subscribing members: this category shall be for other
persons and shall be subdivided into such further categories at the
General Meeting shall determine in accordance with Article 4(a);
subscribing members shall be required to pay such annual
subscription in respect of their membership as the Executive
Committee shall determine in accordance with that Article and be
entitled to attend and vote at General Meetings provided that their
subscription is not in arrears.
c) Termination
Membership shall terminate:
- by resignation of the
member notified to the Association in writing:
by removal of the member’s
name from the register of membership for reason of non-compliance
with a request for payment of the appropriate membership
subscription made in writing not less than 28 days prior thereto;
by removal of a member’s
name from the register of membership because in the opinion of the
Executive Committee the continuation of that membership would not be
compatible with the furtherance of the Association’s objects; the
discretion of the Executive Committee in this respect shall be
absolute but shall be exercised only after the member shall have
been requested in writing by the Committee at least 28 days prior
thereto to give explanations to it and has either failed to do so
within the time specified in such request or has done so but not to
the satisfaction of the Committee.
3. Executive
Committeea)
Composition
The Executive Committee shall
consist of the following elected by the General Meeting from among its
membership in accordance with Article 4(a) and co-opted in accordance
with Article 3(b);
- the Chairman;
- two Vice-Chairmen;
- the Secretary;
- the Treasurer:
- four subscribing members;
b) Co-option
- The Committee shall have
the power to co-opt to its membership not more than two members of
the Association in any category to serve in addition to those
elected under Article 3(a).
- The Committee shall
additionally have power to fill any casual vacancy arising in its
membership for the period preceding an election in accordance with
Article 4(a) by co-opting from among the members of the Association.
c) Functions
The functions of the Committee
shall be to manage the affairs of the Association, to prepare the
meetings and execute the decisions of the General Meeting, to determine
the rate or rates of annual subscription subject to Article 4(a)(ii) and
to decided on the admission of applicants to membership of the
Association.
d) Voting
Each member of the Committee
shall have one vote and decisions of the Committee shall be taken on the
basis of a simple majority of votes subject always to the presence of
not less than four members of the Committee.
e) Meetings
Meetings of the Committee shall
be convened by the Secretary at the request of the Chairman or any four
members of the Committee.
f) Notice
Unless otherwise agreed by all
members of the Committee written notice of meetings shall be addressed
by the Secretary to them at least 21 days prior thereto accompanied by
the agenda.
g) Invitees
The Committee shall have power
to invite such persons as it shall in its absolute discretion deem fit
to attend any part of its meetings without power to vote.
h) Sub-Committees
The Committee shall have power
to establish such sub-committees as it shall deem appropriate to assist
in the execution of its functions.
4. General Meeting
a) Function
The members shall meet in
Ordinary General Meeting once in every two calendar years to carry out
the following:
- to review the activities
of the Executive Committee and take such policy decisions as the
General Meeting shall deem fit;
to consider and fix the
maximum rate or rates of membership subscription to last for such
period as the General Meeting shall deem fit in respect of such
different classes of subscribing members as it may establish;
to elect from among the
membership to hold office for the period until a similar election at
the next Ordinary Meeting;
(a) a Chairman
(b) two Vice-Chairmen
(c) a Secretary
(d) a Treasurer
(e) four subscribing
members to serve on the Executive Committee.
Those elected shall be eligible
for re-election.
b) Voting
Each member shall have one vote
and decisions of the General Meeting shall be taken by simple majority
of the members present and represented subject always to a quorum of not
less than one-tenth of the membership of the Association except as
provided in Articles 7 and 8.
c) Meetings
General Meetings shall be
convened by the Secretary on the decision of the Executive Committee or
at the written request of not less than one-third of the membership of
the Association.
d) Notice
Unless otherwise agreed by all
members of the Association written notice of General Meetings shall be
addressed by the Secretary to them at least 28 days prior thereto
accompanied by the agenda.
e) Proxies
Any member may be represented
at General Meetings by a proxy appointed in writing for that purpose
provided that a copy of the instrument of appointment signed by the
member is deposited with the Secretary not less than 48 hours prior to
the commencement of the meeting.
5. Secretary
a) The Secretary shall be
elected by the General Meeting in accordance with Article 4(a)(iii) or
co-opted by the Executive Committee in accordance with Article 3(b)(ii)
and shall exercise the following functions:
(i) to convene and service
General Meetings and meetings of the Executive Committee in accordance
with these Articles and to keep minutes of the proceedings thereof;
(ii) to keep a register of
members and to deal with all correspondence relating to membership;
(iii) to deal with the
administration of the Association’s general affairs in accordance with
the directions of the General Meeting and the Executive Committee.
Treasurer
(b) The Treasurer shall be
elected in General Meeting in accordance with Article 4(a)(iii) or
co-opted by the Executive Committee in accordance with Article 3(b)(ii)
and shall exercise the following functions:
(i) to prepare a report each
year on the accounts and financial situation of the Association for
circulation to the membership;
(ii) to deal with the
administration of the Association’s financial affairs in accordance with
the directions of the General Meeting and the Executive Committee.
6. Founding
(a) The Executive Committee of the
Association shall in the first instance be composed of the persons
elected by the meeting at which the Association is founded to fill the
positions set out in Article 4(a)(iii), sub-paragraphs (a) to (e); they
shall serve in office until an election in accordance with Article 4(a)
and shall be eligible for re-election.
(b) The committee founding the
Association shall fix the maximum rate or rates of membership
subscription in respect of such different classes of subscribing members
of the Association as it may establish; such maximum rate or rates and
classes shall remain in operation until the first General Meeting of the
Association.
7. Amendment of Rules
These rules shall be amended only
be decision of the Association in General Meeting at an Extraordinary
Meeting convened for that purpose as follows:
On the first summoning a quorum
of not less than one-third of the membership present in person or
represented shall be required and if no such quorum exists the General
Meeting shall not then vote on the amendment but may reconvene with due
notice to all members not sooner than one month after the first
summoning whereupon the meeting may proceed to vote on the amendment
subject to the presence of a quorum of not less than one-tenth of the
membership in person or represented.
8. Dissolution
(a) The Association shall be
dissolved only be decision in General Meeting at an Extraordinary
Meeting convened for that purpose as follows:
on the first summoning a quorum
of not less than one-third of the membership present in person or
represented shall be required and if no such quorum exists the General
Meeting shall not then vote on the amendment but may reconvene with due
notice to all members not sooner than one month after the first
summoning whereupon the meeting may proceed to vote on the amendment
subject to the presence of a quorum of not less than one-tenth of the
membership in person or represented.
(b) A meeting deciding on
dissolution shall also appoint one or more persons to liquidate the
assets of the Association in accordance with such directions as that
meeting shall establish.
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