PART IIU.K.AMENDMENTS OF THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988

Rental and lending rightU.K.

Rental and lending: applications to Copyright TribunalU.K.

13.—(1) In section 133 (licences to reflect payments in respect of underlying rights), for subsection (1) (considerations relevant to rental of certain works) substitute—

“(1) In considering what charges should be paid for a licence—

(a)on a reference or application under this Chapter relating to licences for the rental or lending of copies of a work, or

(b)on an application under section 142 (royalty or other sum payable for lending of certain works), the Copyright Tribunal shall take into account any reasonable payments which the owner of the copyright in the work is liable to make in consequence of the granting of the licence, or of the acts authorised by the licence, to owners of copyright in works included in that work.”.

(2) For section 142 (royalty or other sum payable for rental of sound recording, film or computer program), and the heading preceding it, substitute—

“Royalty or other sum payable for lending of certain worksU.K.
142.    Royalty or other sum payable for lending of certain works.

(1) An application to settle the royalty or other sum payable in pursuance of section 66 (lending of copies of certain copyright works) may be made to the Copyright Tribunal by the copyright owner or the person claiming to be treated as licensed by him.

(2) The Tribunal shall consider the matter and make such order as it may determine to be reasonable in the circumstances.

(3) Either party may subsequently apply to the Tribunal to vary the order, and the Tribunal shall consider the matter and make such order confirming or varying the original order as it may determine to be reasonable in the circumstances.

(4) An application under subsection (3) shall not, except with the special leave of the Tribunal, be made within twelve months from the date of the original order or of the order on a previous application under that subsection.

(5) An order under subsection (3) has effect from the date on which it is made or such later date as may be specified by the Tribunal.”.

(3) In section 149 (jurisdiction of the Copyright Tribunal), in paragraph (e) for “rental of sound recording, film or computer program” substitute “lending of certain works”.

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