Copyright Tribunal (Procedure) Regulations

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22.—An application to the Tribunal under section 52 (11) of the Act shall —

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

(i) identify the work to which the application relates;

(ii) state whether the applicant is the owner of the copyright in the work or the body administering an educational institution;

(iii) if the applicant is the owner of the copyright — state the name of the body administering an educational institution by or on whose behalf the copies of the work were made; and

(iv) if the applicant is the body administering an educational institution — 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 copies of the work; and

(c) be in Form 5.

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

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22A.—An application to the Tribunal under section 52 (11C) of the Act shall —

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

(i) identify the work to which the application relates;

(ii) state whether the applicant is the owner of the copyright in the work or the body administering an educational institution;

(iii) if the applicant is the owner of the copyright — state the name of the body administering an educational institution which communicated the work or on whose behalf the work was communicated; and

(iv) if the applicant is the body administering an educational institution — 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 communication of the work; and

(c) be in Form 5A.

Matters to be included in application under section 54 (10) of Act.

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23.—An application to the Tribunal under section 54 (10) of the Act shall —

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

(i) identify the work to which the application relates;

(ii) identify the handicapped reader’s copy to which the application relates;

(iii) state whether the applicant is the owner of the copyright in the work or the body administering an institution assisting handicapped readers;

(iv) if the applicant is the owner of the copyright — state the name of the body administering an institution assisting handicapped readers; and

(v) if the applicant is the body administering an institution assisting handicapped readers — 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 handicapped reader’s copy; and

(c) be in Form 6.

Matters to be included in application under section 54A(7) of Act.

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23A.—An application to the Tribunal under section 54A(7) of the Act shall —

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

(i) identify the work to which the application relates;

(ii) identify the intellectually handicapped reader's copy to which the application relates;

(iii) state whether the applicant is the owner of the copyright in the work or the body administering an institution assisting intellectually handicapped readers;

(iv) if the applicant is the owner of the copyright — state the name of the body administering an institution assisting intellectually handicapped readers; and

(v) if the applicant is the body administering an institution assisting handicapped readers — 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 intellectually handicapped reader's copy; and

(c) be in Form 6A.

Matters to be included in application under section 60 (3) (b) of Act.

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24.—An application to the Tribunal under section 60 (3) (b) of the Act shall —

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

(i) identify the musical work and the literary or dramatic work to which the application relates;

(ii) identify the record to which the application relates;

(iii) state whether the applicant is the owner of the copyright in the musical work or the owner of the copyright in the literary or dramatic work;

(iv) if the applicant is the owner of the copyright in the musical work — state the name of the owner of the copyright in the literary or dramatic work; and

(v) if the applicant is the owner of the copyright in the literary or dramatic work — state the name of the owner of the copyright in the musical work;

(b) request the Tribunal to determine the manner in which the royalty payable by the maker of the record in respect of the musical work and the literary or dramatic work shall be apportioned between the owners of the copyrights in those works; and

(c) be in Form 7.

Matters to be included in application under section 68 (3) of Act.

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25.—An application to the Tribunal under section 68 (3) of the Act shall —

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

(i) identify the artistic work to which the application relates;

(ii) identify the 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 film;

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

(v) if the applicant is the maker of the 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 film; and

(c) be in Form 8.

Matters to be included in application under section 107(3) of Act.

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25A.—An application to the Tribunal under section 107(3) of the Act shall —

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

(i) identify the sound recording to which the application relates;

(ii) identify the record to which the application relates;

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

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

(v) if the applicant is the maker of the record — 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 record; and

(c) be in Form 8A.

Matters to be included in application under section 107D of Act.

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25B.—An application to the Tribunal under section 107D of the Act shall —

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

(i) identify the sound recording to which the application relates;

(ii) state the date on and place at which the recording was made available to the public;

(iii) state the mode of and means by which the sound recording was made available to the public;

(iv) state whether the applicant is the owner of the copyright in the recording or the person who made available the recording to the public;

(v) if the applicant is the owner of the copyright — state the name of the person who made available the recording to the public; and

(vi) if the applicant is the person who made available the sound recording to the public — state the name of the owner of the copyright in the recording;

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

(c) be in Form 8B.

Matters to be included in reference under section 160 of Act.

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26.—(1) A reference of a licence scheme to the Tribunal under section 160 of the Act shall —

(a) state that the licensor referring the scheme proposes to bring the scheme into operation;

(b) state whether the scheme relates to licences in respect of literary, dramatic or musical works or licences in respect of a commercial rental arrangement in relation to a computer program or sound recording;

(c) state whether the licensor referring the scheme is the owner or prospective owner of the copyright in the works or sound recording or is acting as agent for the owners or prospective owners in relation to the negotiation or granting of such licences;

(d) request the Tribunal to make such order, confirming or varying the scheme, as the Tribunal considers reasonable in the circumstances; and

(e) be in Form 9.

(2) The reference shall be accompanied by a copy of the licence scheme.

References under section 161 of Act.

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27.—(1) A reference of a licence scheme to the Tribunal under section 161 of the Act shall —

(a) state whether the person referring the scheme is —

(i) the licensor operating the scheme;

(ii) an organisation claiming to be representative of persons requiring licences in cases included in a class of cases to which the scheme applies; or

(iii) a person claiming that he requires a licence in a case included in a class of cases to which the scheme applies;

(b) specify the class of cases to which the reference relates;

(c) state the name of the other party to the dispute that gave rise to the reference;

(d) set out particulars of the matter in dispute;

(e) request the Tribunal to make such order, confirming or varying the scheme, in so far as it relates to the class of cases to which the reference relates, as the Tribunal considers reasonable in the circumstances; and

(f) be in Form 10.

(2) Where the reference is made by an organisation claiming to be representative of persons requiring licences, the Tribunal shall, before determining the question whether the organisation is reasonably representative of the class of persons that it claims to represent, give to every other party to the reference, and to every person who has applied to be made a party to the reference and whose application has not been determined, an opportunity of presenting a case in relation to that question.

Application for leave under section 162 (2) of Act to refer licence scheme to Tribunal.