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Copyright Tribunals (Procedure) Regulations 2021 · reg 62

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reg 62Apportionment of royalty for musical records

(1)

An application to a Tribunal to decide the apportionment of royalty payable in respect of a work under regulation 5(3)(d) of the Copyright (Royalties for Musical Records) Regulations 2021 must —

(a)

be made by —

(i)

the copyright owner (X) of the musical work; or

(ii)

the copyright owner (Y) of the literary or dramatic work;

(b)

set out the circumstances or events giving rise to the application and, in particular, must —

(i)

identify the musical work and the literary or dramatic work to which the application relates;

(ii)

identify the record to which the application relates;

(iii)

state whether the applicant is X or Y;

(iv)

if the applicant is X — state the name of Y; and

(v)

if the applicant is Y — state the name of X;

(c)

request a Tribunal to decide the manner in which the royalty payable in respect of the musical work and of the literary or dramatic work is to be apportioned between the owners of the copyrights in those works; and

(d)

be in the specified form.

(2)

The parties to the application mentioned in paragraph (1) are X and Y.

Subregulation 1

An application to a Tribunal to decide the apportionment of royalty payable in respect of a work under regulation 5(3)(d) of the Copyright (Royalties for Musical Records) Regulations 2021 must —

(a)

be made by —

(i)

the copyright owner (X) of the musical work; or

(ii)

the copyright owner (Y) of the literary or dramatic work;

(b)

set out the circumstances or events giving rise to the application and, in particular, must —

(i)

identify the musical work and the literary or dramatic work to which the application relates;

(ii)

identify the record to which the application relates;

(iii)

state whether the applicant is X or Y;

(iv)

if the applicant is X — state the name of Y; and

(v)

if the applicant is Y — state the name of X;

(c)

request a Tribunal to decide the manner in which the royalty payable in respect of the musical work and of the literary or dramatic work is to be apportioned between the owners of the copyrights in those works; and

(d)

be in the specified form.

Subregulation 2

The parties to the application mentioned in paragraph (1) are X and Y.