The Copyright and Rights in Performances (Extended Collective Licensing) Regulations 2014
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Change 1
4 Authorisation to operate an Extended Collective Licensing Scheme
(1) The Secretary of State may, if he considers it reasonable in the circumstances to do so, authorise a relevant licensing body to operate an Extended Collective Licensing Scheme after receiving an application made in accordance with regulation 5 and completion of the procedure in regulations 6 to 8. (2) An authorisation must specify— (a) the types of relevant work to which it applies; and (b) the permitted use. (3) A relevant licensing body authorised under paragraph (1) may license all rights within the scope of the Extended Collective Licensing Scheme provided that the relevant licensing body— (a) grants scheme licences in accordance with the terms and conditions notified to the Secretary of State under regulation 5(1)(p); (b) carries out its licensing activities in accordance with the Collective Management of Copyright (EU Directive) Regulations 2016; (c) complies with the requirements of these Regulations; and (d) complies with the conditions of its authorisation. (4) The Secretary of State may only grant an authorisation to a relevant licensing body if the Secretary of State is satisfied that— (a) at the time of the authorisation, the relevant licensing body licenses by way of collective licence relevant works of the type which are to be the subject of the proposed Extended Collective Licensing Scheme; (b) the relevant licensing body's representation in the type of relevant works which are to be the subject of the proposed Extended Collective Licensing Scheme is significant; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) the opt out arrangements, including those for multiple works, are adequate to protect the interests of right holders; (e) the arrangements for publicising the scheme, for contacting non–member right holders in order to distribute the net licence fees and for distributing any net licence fees which remain undistributed are appropriate for the proposed scheme, having regard to the interests of non-member right holders; and (f) the relevant licensing body has obtained the required consent to the proposed Extended Collective Licensing Scheme. (5) An authorisation is personal to the relevant licensing body and the authorisation may not be transferred to any other person or body. (6) An authorisation continues in force until the earlier of the expiration of five years from the date of the grant of the authorisation or until revocation or cancellation in accordance with regulation 14 or 15.
4 Authorisation to operate an Extended Collective Licensing Scheme
(1) The Secretary of State may, if he considers it reasonable in the circumstances to do so, authorise a relevant licensing body to operate an Extended Collective Licensing Scheme after receiving an application made in accordance with regulation 5 and completion of the procedure in regulations 6 to 8. (2) An authorisation must specify— (a) the types of relevant work to which it applies; and (b) the permitted use. (3) A relevant licensing body authorised under paragraph (1) may license all rights within the scope of the Extended Collective Licensing Scheme provided that the relevant licensing body— (a) grants scheme licences in accordance with the terms and conditions notified to the Secretary of State under regulation 5(1)(p); (b) carries out its licensing activities in accordance with the Collective Management of Copyright (EU Directive) Regulations 2016; (c) complies with the requirements of these Regulations; and (d) complies with the conditions of its authorisation. (4) The Secretary of State may only grant an authorisation to a relevant licensing body if the Secretary of State is satisfied that— (a) at the time of the authorisation, the relevant licensing body licenses by way of collective licence relevant works of the type which are to be the subject of the proposed Extended Collective Licensing Scheme; (b) the relevant licensing body's representation in the type of relevant works which are to be the subject of the proposed Extended Collective Licensing Scheme is significant; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) the opt out arrangements, including those for multiple works, are adequate to protect the interests of right holders; (e) the arrangements for publicising the scheme, for contacting non–member right holders in order to distribute the net licence fees and for distributing any net licence fees which remain undistributed are appropriate for the proposed scheme, having regard to the interests of non-member right holders; and (f) the relevant licensing body has obtained the required consent to the proposed Extended Collective Licensing Scheme. (5) An authorisation is personal to the relevant licensing body and the authorisation may not be transferred to any other person or body. (6) An authorisation continues in force until the earlier of the expiration of five years from the date of the grant of the authorisation or until revocation or cancellation in accordance with regulation 14 or 15.
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