General obligations of collective management organisations in relation to right holders
- Act in best interests of right holders and avoid unnecessary obligations
UK Statutory Instrument
2016
United Kingdom
The Collective Management of Copyright (EU Directive) Regulations 2016
At a glance
What's here
27 compliance obligations
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Particular obligations of collective management organisations in relation to right holders
- Ensure right holders have choice and control over their copyright management
Membership rules of collective management organisations
- Accept qualifying right holders as members and explain refusals
Collective management organisations and their members
- Ensure member participation, fair representation, electronic communication and record-keeping
General assembly of members of collective management organisations
- Ensure general assembly of members exercises required governance functions
Collective management organisations: supervisory function
- Appoint a supervisory function to monitor management
Collective management organisations: management
- Ensure sound management, avoid conflicts of interest, and train staff on compliance
Collection and use of rights revenue
- Collect, manage and distribute rights revenue correctly
Deductions
- Provide clear information on deductions and ensure they are reasonable and fair
Distributions of amounts to right holders
- Distribute royalty payments to right holders within 9 months
Rights managed under representation agreements
- Do not discriminate against right holders under representation agreements
Deductions and payments in representation agreements
- Pay other CMOs correctly and on time, with no unauthorised deductions
Licensing
- Negotiate in good faith and provide necessary information when licensing copyright
Users' obligations
- Provide rights usage information to the collective management organisation
Information provided to right holders
- Provide annual information to right holders about rights revenue and payments
Information provided to other collective management organisations
- Share revenue and deduction data yearly with partner CMOs
Information provided to right holders, other collective management organisations and users on request
- Provide requested copyright repertoire information to right holders, other CMOs and users
Disclosure of information to the public
- Publish key documents on your public website
Annual transparency report
- Publish annual transparency report with audited financial information
Capacity to process multi-territorial licences
- Ensure sufficient data processing capacity for multi-territorial licences
Transparency of multi-territorial repertoire information
- Provide up-to-date music repertoire information when asked
Accuracy of multi-territorial repertoire information
- Maintain accurate multi-territorial repertoire data and handle corrections
Reporting and invoicing
- Online service providers must accurately report music use
Payment to right holders
- Pay right holders accurately and on time with detailed breakdowns
Access to multi-territorial licensing
- Allow right holders to withdraw online rights for multi-territorial licensing
Complaints procedure
- Set up a complaints procedure for members, right holders and users
Alternative dispute resolution procedures
- Provide independent dispute resolution for copyright disputes
Browse 24 other sections — procedural / definitional / commencement
Citation and commencement
Interpretation and application
Application
Agreements between collective management organisations for multi-territorial licensing
Representation of other collective management organisations in relation to multi-territorial licensing
Right of right holders in relation to a breach of regulation 4
Monitoring of compliance
Evidence of non-compliance
Power to request information
Compliance notice
Financial penalties for non-compliance
Financial penalties: procedure
Appeals
Recovery of a financial penalty
Notices
Computation of time
Amendments
The Copyright (Regulation of Relevant Licensing Bodies) Regulations 2014 are...
(1) The Copyright and Rights in Performances (Extended Collective Licensing)...
Transitional provisions
Despite the omission by these Regulations of the definitions “code...
Despite the revocation by these Regulations of regulations 10(2)(g) and...
Despite the revocation by these Regulations of regulation 14(2)(c) of...
Review
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