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The Collective Management of Copyright (EU Directive) Regulations 2016
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- UK Statutory Instruments
- 2016 No. 221
- PART 4
- Regulation 32
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Alternative dispute resolution proceduresU.K.
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32.—(1) A collective management organisation must ensure that disputes to which—
(a)paragraph (2) applies, or
(b)paragraph (3) applies,
can be submitted to an independent and impartial alternative dispute resolution procedure.
(2) This paragraph applies to disputes between a collective management organisation and one of its members, a right holder, a user or another collective management organisation concerning compliance with these Regulations other than—
(a)a dispute to which paragraph (3) applies; or
(b)a dispute concerning paragraph (4)(b) of regulation 15 (tariffs).
(3) This paragraph applies to disputes between a collective management organisation to which Part 3 of these Regulations applies which grants or offers to grant multi-territorial licences for online rights in musical works with—
(a)an actual or potential online service provider regarding compliance with regulation 15 (licensing), 24 (transparency), 25 (accuracy of multi-territorial repertoire information) and 26 (reporting and invoicing);
(b)a right holder regarding compliance with regulation 24, 25, 26, 27 (payment to right holders), 28 (agreements between collective management organisations), 29 (representation of other collective management organisations) and 30 (access to multi-territorial licensing); and
(c)another collective management organisation regarding compliance with regulation 24, 25, 26, 27, 28 and 29.
(4) Paragraph (1)(a) does not apply where the collective management organisation is a [F1company that qualifies as a micro-entity under section 384A of the Companies Act 2006.]
Textual Amendments
F1Words in reg. 32(4) substituted (1.1.2024) by The Design Right, Artist’s Resale Right and Copyright (Amendment) Regulations 2023 (S.I. 2023/1285), regs. 1(2), 7(4)
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