- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Copyright and Rights in Performances (Extended Collective Licensing) Regulations 2014, Section 5.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
5.—(1) An application for authorisation under regulation 4 must be made in writing to the Secretary of State in the form required by the Secretary of State, including in electronic form, and must contain—
(a)a summary of the application;
(b)the name of the applicant;
(c)evidence that the applicant is a relevant licensing body;
(d)an address for service on the applicant in [F1the United Kingdom];
(e)the types of relevant work to which the Extended Collective Licensing Scheme will apply;
(f)the right holders' rights in relation to relevant works which the relevant licensing body seeks to be authorised to license;
(g)the opt out arrangements that the relevant licensing body will adopt including the steps which a non-member right holder is required to take to opt out of a proposed Extended Collective Licensing Scheme before the scheme commences and whether the consent of the Secretary of State is sought as described in regulation 16(5)(b);
(h)the number of right holders—
(i)who have notified the relevant licensing body that they wish to opt out of the proposed Extended Collective Licensing Scheme; or
(ii)whose rights, as a result of contractual arrangements with the relevant licensing body, will not fall within the Extended Collective Licensing Scheme
together, in each case and to the extent that the relevant licensing body has been notified by the relevant right holder, with the number of relevant works in which those right holders have rights;
(i)evidence of the representation provided by the relevant licensing body;
(j)evidence that the relevant licensing body has obtained the required consent;
(k)the information that was provided by the relevant licensing body to the relevant members, when seeking the required consent;
(l)a copy of any collective licence, in force at the date of the application for authorisation, under which the relevant licensing body licenses relevant works of the type which will be the subject of the proposed Extended Collective Licensing Scheme;
F2(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(n). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(o)a declaration signed on behalf of the relevant licensing body confirming that, at the time of the application, it is complying in all material respects [F3with the Collective Management of Copyright (EU Directive) Regulations 2016];
(p)a copy of the terms and conditions of the licence which the relevant licensing body proposes to grant its licensees under the Extended Collective Licensing Scheme;
(q)a copy of the distribution policy which the relevant licensing body proposes to operate in relation to its licensing activities if the authorisation is granted;
(r)the arrangements for publicising the Extended Collective Licensing Scheme to non-member right holders and third parties before its introduction and during the life of the scheme; and
(s)the methods by which the relevant licensing body will contact non-member right holders and distribute the net licence fees to them.
(2) An application for authorisation under regulation 4 must be accompanied by an initial fee to reimburse the Secretary of State for any administrative expenses incurred in connection with the application for authorisation.
Textual Amendments
F1Words in reg. 5(1)(d) substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 30 (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F2Reg. 5(1)(m)(n) omitted (10.4.2016) by virtue of The Collective Management of Copyright (EU Directive) Regulations 2016 (S.I. 2016/221), regs. 1, 46(4)(a)
F3Words in reg. 5(1)(o) substituted (10.4.2016) by The Collective Management of Copyright (EU Directive) Regulations 2016 (S.I. 2016/221), regs. 1, 46(4)(b)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: