Part II Rights in performances
X1F1Jurisdiction of Copyright Tribunal
S. 205B and crossheading inserted (1.12.1996) by S.I. 1996/2967, reg. 24 (with Pt. III)
205BF2X2 Jurisdiction of Copyright Tribunal.
1
The Copyright Tribunal has jurisdiction under this Part to hear and determine proceedings under—
a
section 182D (amount of equitable remuneration for exploitation of commercial sound recording);
b
section 190 (application to give consent on behalf of owner of reproduction right);
c
section 191H (amount of equitable remuneration on transfer of rental right);
F3cc
paragraph 19 of Schedule 2 (determination of royalty or other remuneration to be paid with respect to re-transmission of broadcast including performance or recording);
d
paragraph 3, 4 or 5 of Schedule 2A (reference of licensing scheme);
e
paragraph 6 or 7 of that Schedule (application with respect to licence under licensing scheme);
f
paragraph 10, 11 or 12 of that Schedule (reference or application with respect to licensing by licensing body);
g
paragraph 15 of that Schedule (application to settle royalty for certain lending);
h
paragraph 17 of that Schedule (application to settle terms of licence available as of right).
2
The provisions of Chapter VIII of Part I (general provisions relating to the Copyright Tribunal) apply in relation to the Tribunal when exercising any jurisdiction under this Part.
3
Provision shall be made by rules under section 150 prohibiting the Tribunal from entertaining a reference under paragraph 3, 4 or 5 of Schedule 2A (reference of licensing scheme) by a representative organisation unless the Tribunal is satisfied that the organisation is reasonably representative of the class of persons which it claims to represent.
The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.