Copyright Tribunal (Procedure) Regulations

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PART VI Application and References to the Tribunal • General provisions relating to applications and references to Tribunal


• Advertising of applications and references
• Matters to be included in application under section 43(3) of Act
• Matters to be included in application under section 52 (11) of Act
• Matters to be included in application under section 52 (11C) of Act
• Matters to be included in application under section 54 (10) of Act
• Matters to be included in application under section 54A(7) of Act
• Matters to be included in application under section 60 (60) (b) of Act
• Matters to be included in application under section 68 (3) of Act
• Matters to be included in application under section 107 (3) of Act
• Matters to be included in application under section 107D of Act
• Matters to be included in reference under section 160 of Act
• References under section 161 of Act
• Application for leave under section 162 (2) of Act to refer licence scheme to Tribunal
• References under section 162 of Act
• Applications under section 163 (1) of Act
• Applications under section 163 (2) of Act
• Applications under section 163 (3) of Act
• Applications under section 163 (4) of Act
• Applications under section 166 (1) of Act
• Applications under section 167 (1) of Act
• Applications under section 198 (5) of Act
• Application to be made a party to a proceeding
• Other applications
• Amendment of documents
• Consolidation of applications and references
• Withdrawal of applications
• Withdrawal of reference of licence scheme

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PART VI

APPLICATIONS AND REFERENCES TO THE TRIBUNAL

General provisions relating to applications and references to Tribunal.
20.—(1) An application or reference to the Tribunal shall —

(a) state the name of the person making the application or reference;

(b) state the general nature of the application or reference and specify the provision of the Act or these Regulations under which the application or reference is made;

(c) subject to sub-paragraph (d), include such other matters as are required by these Regulations to be included in an application or reference made under that provision;

(d) be signed by or on behalf of the person making the application or reference; and

(e) be filed with the Secretary in the appropriate Form.

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(2) A person desiring to make an application or reference to the Tribunal may, with the leave of the President, omit from the application or reference such of the particulars required by these Regulations to be included in the application or reference as the President specifies but, if the President, when so granting leave, directs that other particulars specified by him are to be included in the application or reference in lieu of the omitted particulars, the person shall include those other particulars in the application or reference.

(3) Subject to these Regulations, a person making an application or reference to the Tribunal shall cause notice of the making of the application or reference in Form 2, together with a sealed copy of the application or reference, to be served, within 7 days after the application or reference is filed with the Secretary, on every other person who, by virtue of the Act or these Regulations, is a party to the application or reference other than a person who became a party after the application or reference was filed.

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(4) A notice of the making of an application or reference shall —

(a) be addressed to the person on whom it is served;

(b) inform the person on whom it is served that the application or reference to which the notice relates has been made to the Tribunal and that that person is, by virtue of the Act or these Regulations, as the case may be, a party to the application or reference; and

(c) be signed by or on behalf of the person making the application or reference.

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(5) The President may, and shall if so requested by a party to the application or reference, fix a time and place for a preliminary hearing of the application or reference (other than an application to which regulation 37 or 38 applies or an application or reference in respect of which the Tribunal decides not to have a hearing) for the purpose of dealing with such matters connected with the application or reference as the President directs, and the Secretary shall cause notice of the time and place so fixed to be served on the parties to the application or reference and on the persons (if any) who have applied to the Tribunal to be made parties to the application or reference.

(6) A request for the fixing of a time and place for a preliminary hearing shall —

(a) specify the date on which the application or reference was filed with the Secretary and the relevant case file number;

(b) state the name of the party making the request;

(c) be in Form 3;

(d) be signed by or on behalf of that party; and

(e) be filed with the Secretary.

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(7) The President shall fix a time and place for the hearing of the application or reference (other than an application to which regulation 37 applies or an application or reference in respect of which the Tribunal decides not to have a hearing), and the Secretary shall cause notice of the time and place so fixed to be served on the parties to the application or reference and on the persons (if any) who have applied to the Tribunal to be made parties to the application or reference and whose applications to be made parties have not been previously determined.

(8) An application to which regulation 37 applies shall be dealt with at the preliminary hearing (if any) or the hearing of the proceeding to which it relates.

Advertising of applications and references.

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21.—(1) Where an application (other than an application in relation to which this regulation does not apply) or a reference is made to the Tribunal, the person making the application or reference shall, subject to this regulation, cause notice of the making of the application or reference in Form 4 to be advertised by being published, within 10 days after the filing of the application or reference with the Secretary, in the Gazette.

(2) The President may direct that notice of the making of an application or reference specified in the direction need not be advertised or that the notice be advertised in a manner other than that specified in paragraph (1).

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(3) The notice shall —

(a) specify the date on which the application or reference was made and the relevant case file number;

(b) state the name and the address for service of the person by whom the application or reference is made; and

(c) state the general nature of the application or reference and specify the provision of the Act or these Regulations under which the application or reference is made.

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(4) This regulation shall not apply in relation to applications under section 43 (3), 60 (3) (b), 68 (3), 107 (3), 166 (1) or 167 (1) of the Act, or to applications to which regulation 37 or 38 applies.

Matters to be included in application under section 43(3) of Act.

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21A.—An application to the Tribunal under section 43(3) of the Act shall —

(a) set out the events giving rise to the application and, in particular, shall —

(i) identify the work, or adaptation of the literary, dramatic or musical work, to which the application relates;

(ii) identify the sound recording or cinematograph film to which the application relates;

(iii) state whether the applicant is the owner of the copyright in the work or the maker of the recording or film;

(iv) if the applicant is the owner of the copyright — state the name of the maker of the recording or film; and

(v) if the applicant is the maker of the recording or film — state the name of the owner of the copyright;

(b) request the Tribunal to determine the amount that is equitable remuneration to the owner of the copyright for the making of the recording or film; and

(c) be in Form 4A.

Matters to be included in application under section 52 (11) of Act.