14
Collecting Societies
Collecting societies may be authorised to represent copyright owners
22.—(1) For the purposes of this Act—
“collecting society” means an association, partnership or body corporate whose
principal purpose, or one of whose principal purposes, is the representation of copyright
owners in the negotiation and administration of collective copyright agreements;
“collective copyright agreement” means an agreement between a group of owners of
copyrights and another person licensing the person to use material subject to any of the
copyrights.
(2) A collecting society may apply to the Registrar for registration and, if the Registrar
is satisfied that it qualifies under subsection (1), he shall register it as such.
(3) The owner of a copyright may authorise a collecting society (whether or not
registered) to negotiate and administer collective copyright licence agreements on behalf of
the owner and other copyright owners.
(4) Subsection (3) shall not have the effect of limiting any other right of an owner of a
copyright under this Act.
Disputes with registered collecting societies
23.—(1) Where a dispute arises between a registered collecting society and a person
who requires a licence from the collecting society regarding—
(a) the decision of the collecting society whether or not to grant such a licence; or
(b) the terms and conditions on which the collecting society is prepared to grant the
licence;
either party may refer the dispute to the Registrar for arbitration.
(2) Where a dispute has been referred to the Registrar under this section, the Registrar
shall, in accordance with such procedure (if any) as may be prescribed—
(a) give both parties an opportunity to present their respective cases, either in person or
through representatives, both orally and in writing; and
(b) after hearing both parties, make such written orders as he considers reasonable.
(3) An order by the Registrar under this section shall be binding on the parties.
Moral Rights
Moral rights
24.—(1) This section applies in relation to—
(a) the author of a literary, musical or artistic work, other than a computer-generated
work; or
(b) the director of an audiovisual work; other than a work to which subsection (3) of
section 10 applied.