The Copyright and Rights in Performances (Extended Collective Licensing) Regulations 2014
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Change 1
18 Licence fee
(1) The relevant licensing body may deduct a reasonable administration fee from the licence fee which it receives for the grant, under an Extended Collective Licensing Scheme, of a licence of a relevant work owned by a non-member right holder. (2) The relevant licensing body must apply the administration fee towards the general costs of the relevant licensing body and for the benefit of both member and non-member right holders. (3) The relevant licensing body must, as soon as practicable and no later than nine months from the end of the financial year in which a licence fee was collected, distribute the appropriate portion of the net licence fee to those non-member right holders who have been identified and located and transfer any portion of the net licence fee that remains undistributed to a designated account. (4) A non-member right holder may, within three years from the end of the financial year in which the relevant licensing body received a licence fee under an Extended Collective Licensing Scheme, produce to the relevant licensing body evidence of either or both of— (a) a reasonable or achieved level of licence fee, and (b) the level of use to which the relevant work has been put during the term of the licence, and request the relevant licensing body to adjust the net licence fee which is distributed under paragraph (3) to take account of that level of licence fee or of use. (5) A relevant licensing body shall publish information on the relevant works and other subject matter which have been licensed under the Extended Collective Licensing Scheme but for which one or more non-member right holders have not been identified or located and shall update the information within twelve months from the end of the financial year in which the licence fee was collected.
18 Licence fee
(1) The relevant licensing body may deduct a reasonable administration fee from the licence fee which it receives for the grant, under an Extended Collective Licensing Scheme, of a licence of a relevant work owned by a non-member right holder. (2) The relevant licensing body must apply the administration fee towards the general costs of the relevant licensing body and for the benefit of both member and non-member right holders. (3) The relevant licensing body must, as soon as practicable and no later than nine months from the end of the financial year in which a licence fee was collected, distribute the appropriate portion of the net licence fee to those non-member right holders who have been identified and located and transfer any portion of the net licence fee that remains undistributed to a designated account. (4) A non-member right holder may, within three years from the end of the financial year in which the relevant licensing body received a licence fee under an Extended Collective Licensing Scheme, produce to the relevant licensing body evidence of either or both of— (a) a reasonable or achieved level of licence fee, and (b) the level of use to which the relevant work has been put during the term of the licence, and request the relevant licensing body to adjust the net licence fee which is distributed under paragraph (3) to take account of that level of licence fee or of use. (5) A relevant licensing body shall publish information on the relevant works and other subject matter which have been licensed under the Extended Collective Licensing Scheme but for which one or more non-member right holders have not been identified or located and shall update the information within twelve months from the end of the financial year in which the licence fee was collected.
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