Regulation 39

publish on its website the information required by this regulation; and

provide an indemnity to every user of the CMO in accordance with this regulation.

every member of the CMO; and

every partner collecting society of the CMO (but not a partner collecting society that is not an authorising party under its representation agreement with the CMO).

the information was updated within the last 3 months and was accurate when it was last updated; and

the CMO’s website —

states the date on which the information was last updated; and

states the matters required by regulation 40(5).

the work or performance is apparently within the CMO’s portfolio; and

the use of the work or performance is otherwise in accordance with the user agreement.

on the date falling 3 months before the date on which the user agreement is entered into —

the author, maker, publisher or performer who made or gave the work or performance, or the rights owner of the work or performance, fell within the list mentioned in paragraph (2) or a representation agreement mentioned in that paragraph; and

the work or performance was not in any list published under paragraph (3);

the user agreement does not expressly exclude the use of the work or performance;

the user agreement does not state all the information mentioned in regulation 38(3) or (4) (as the case may be) for every work or performance that the user is granted permission to use; and

the CMO did not, at any time before the user agreement was entered into, give the user any confirmation, in response to a request made in accordance with regulation 40, that the work or performance is not part of its portfolio.

any costs ordered against the user; and

any costs reasonably incurred by the user,in connection with actual or contemplated proceedings for the rights infringement.

reasonable conditions in relation to the manner in which, and time within which, claims under the indemnity are to be made;

reasonable conditions enabling the CMO to take over the conduct of any proceedings that affect the amount of the CMO’s liability to indemnify the user; and

a maximum amount.

must be reasonable; and

is deemed to be unreasonable if it is less than the amount of damages and costs ordered by a court against a user for a rights infringement that falls within the terms of the indemnity.