Copyright, Designs and Patents Act 1988

[ Licensing schemes and licensing bodies] E+W+S+N.I.

1 (1) In Part II a “licensing scheme" means a scheme setting out—

(a) the classes of case in which the operator of the scheme, or the person on whose behalf he acts, is willing to grant performers’ property right licences, and

(b) the terms on which licences would be granted in those classes of case;

and for this purpose a “scheme" includes anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name.

(2) In Part II a “licensing body" means a society or other organisation which has as its main object, or one of its main objects, the negotiating or granting, whether as owner or prospective owner of a performer’s property rights or as agent for him, of performers’ property right licences, and whose objects include the granting of licences covering the performances of more than one performer.

(3) In this paragraph “performers’ property right licences" means licences to do, or authorise the doing of, any of the things for which consent is required under section 182A, 182B or 182C.

(4) References in this Part to licences or licensing schemes covering the performances of more than one performer do not include licences or schemes covering only—

(a) performances recorded in a single recording,

(b) performances recorded in more than one recording where—

(i) the performers giving the performances are the same, or

(ii) the recordings are made by, or by employees of or commissioned by, a single individual, firm, company or group of companies. For purpose a group of companies means a holding company and its subsidiaries within the meaning of section 736 of the Companies Act 1985.