Session 2012 - 13
Internet Publications
Other Bills before Parliament

Enterprise and Regulatory Reform Bill


Enterprise and Regulatory Reform Bill
Schedule 22 — Licensing of copyright and performers’ rights
Part 2 — Performers’ rights

276

 

Part 2

Performers’ rights

2          

Schedule 2A to the Copyright, Designs and Patents Act 1988 (licensing of

performers’ property rights) is amended as follows.

3          

In the heading of the Schedule omit “property”.

5

4          

In paragraph 1, after sub-paragraph (4) insert—

    “(5)  

Schedule A1 confers powers to provide for the regulation of

licensing bodies.”

5          

After paragraph 1 insert—

“Power to provide for licensing of orphan rights

10

1A    (1)  

The Secretary of State may by regulations provide for the grant of

licences to do, or authorise the doing of, acts to which section 182,

182A, 182B, 182C, 182CA, 183 or 184 applies in respect of a

performance, where—

(a)   

the performer’s consent would otherwise be required

15

under that section, but

(b)   

the right to authorise or prohibit the act qualifies as an

orphan right under the regulations.

      (2)  

The regulations may—

(a)   

specify a person or a description of persons authorised to

20

grant licences, or

(b)   

provide for a person designated in the regulations to

specify a person or a description of persons authorised to

grant licences.

      (3)  

The regulations must provide that, for a right to qualify as an

25

orphan right, it is a requirement that the owner of the right has not

been found after a diligent search made in accordance with the

regulations.

      (4)  

The regulations must provide for any licence—

(a)   

to have effect as if granted by the missing owner;

30

(b)   

not to give exclusive rights;

(c)   

not to be granted to a person authorised to grant licences.

      (5)  

The regulations may apply in a case where it is not known

whether a performer’s right subsists, and references to a right, to

a missing owner and to an interest of a missing owner are to be

35

read as including references to a supposed right, owner or interest.

Extended collective licensing

1B    (1)  

The Secretary of State may by regulations provide for a licensing

body that applies to the Secretary of State under the regulations to

be authorised to grant licences to do, or authorise the doing of, acts

40

to which section 182, 182A, 182B, 182C, 182CA, 183 or 184 applies

in respect of a performance, where the right to authorise or

 
 

Enterprise and Regulatory Reform Bill
Schedule 22 — Licensing of copyright and performers’ rights
Part 2 — Performers’ rights

277

 

prohibit the act is not owned by the body or a person on whose

behalf the body acts.

      (2)  

An authorisation must specify the acts to which any of those

sections applies that the licensing body is authorised to license.

      (3)  

The regulations must provide for the rights owner to have a right

5

to limit or exclude the grant of licences by virtue of the regulations.

      (4)  

The regulations must provide for any licence not to give exclusive

rights.

General provision about licensing

1C    (1)  

This paragraph and paragraph 1D apply to regulations under

10

paragraphs 1A and 1B.

      (2)  

The regulations may provide for a body to be or remain authorised

to grant licences only if specified requirements are met, and for a

question whether they are met to be determined by a person, and

in a manner, specified in the regulations.

15

      (3)  

The regulations may specify other matters to be taken into account

in any decision to be made under the regulations as to whether to

authorise a person to grant licences.

      (4)  

The regulations must provide for the treatment of any royalties or

other sums paid in respect of a licence, including—

20

(a)   

the deduction of administrative costs;

(b)   

the period for which sums must be held;

(c)   

the treatment of sums after that period (as bona vacantia or

otherwise).

      (5)  

The regulations must provide for circumstances in which an

25

authorisation to grant licences may be withdrawn, and for

determining the rights and obligations of any person if an

authorisation is withdrawn.

      (6)  

The regulations may include other provision for the purposes of

authorisation and licensing, including in particular provision—

30

(a)   

for determining the rights and obligations of any person if

a right ceases to qualify as an orphan right (or ceases to

qualify by reference to any rights owner), or if a rights

owner exercises the right referred to in paragraph 1B(3),

while a licence is in force;

35

(b)   

about maintenance of registers and access to them;

(c)   

permitting the use of a work for incidental purposes

including an application or search;

(d)   

for a right conferred by section 205C to be treated as

having been asserted under section 205D;

40

(e)   

for the payment of fees to cover administrative expenses.

1D    (1)  

The power to make regulations includes power—

(a)   

to make incidental, supplementary or consequential

provision, including provision extending or restricting the

jurisdiction of the Copyright Tribunal or conferring

45

powers on it;

 
 

Enterprise and Regulatory Reform Bill
Schedule 22 — Licensing of copyright and performers’ rights
Part 2 — Performers’ rights

278

 

(b)   

to make transitional, transitory or saving provision;

(c)   

to make different provision for different purposes.

      (2)  

Regulations under any provision may amend this Part, or any

other enactment or subordinate legislation passed or made before

that provision comes into force, for the purpose of making

5

consequential provision or extending or restricting the jurisdiction

of the Copyright Tribunal or conferring powers on it.

      (3)  

Regulations may make provision by reference to guidance issued

from time to time by any person.

      (4)  

The power to make regulations is exercisable by statutory

10

instrument.

      (5)  

A statutory instrument containing regulations may not be made

unless a draft of the instrument has been laid before and approved

by a resolution of each House of Parliament.”

6          

In section 205A of the Copyright, Designs and Patents Act 1988, and in the

15

italic heading before that section (licensing of performers’ property rights),

omit “property”.

 
 

 
previous section contents
 

© Parliamentary copyright
Revised 19 March 2013