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Copyright Tribunals (Procedure) Regulations 2021 · reg 43

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reg 43Section 247 — communication by freely available non‑interactive digital broadcast

(1)

An application to a Tribunal to decide the amount of equitable remuneration under section 247(2)(b)(ii)(B) for communicating a sound recording or a recording of a protected performance must —

(a)

be made by the rights owner or the person (X) who communicates the recording;

(b)

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

(i)

identify the recording to which the application relates;

(ii)

state the date on and place at which —

(A)

the recording was first commercially published; and

(B)

the recording is communicated;

(iii)

state the mode of and means by which —

(A)

the recording was first commercially published; and

(B)

the recording is communicated;

(iv)

state whether the applicant is the rights owner or X;

(v)

if the applicant is the rights owner — state the name of X; and

(vi)

if the applicant is X — state the name of the rights owner;

(c)

request a Tribunal to decide the amount of equitable remuneration for communicating the recording; and

(d)

be in the specified form.

(2)

The parties to the application are —

(a)

the rights owner; and

(b)

X.

Subregulation 1

An application to a Tribunal to decide the amount of equitable remuneration under section 247(2)(b)(ii)(B) for communicating a sound recording or a recording of a protected performance must —

(a)

be made by the rights owner or the person (X) who communicates the recording;

(b)

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

(i)

identify the recording to which the application relates;

(ii)

state the date on and place at which —

(A)

the recording was first commercially published; and

(B)

the recording is communicated;

(iii)

state the mode of and means by which —

(A)

the recording was first commercially published; and

(B)

the recording is communicated;

(iv)

state whether the applicant is the rights owner or X;

(v)

if the applicant is the rights owner — state the name of X; and

(vi)

if the applicant is X — state the name of the rights owner;

(c)

request a Tribunal to decide the amount of equitable remuneration for communicating the recording; and

(d)

be in the specified form.

Subregulation 2

The parties to the application are —

(a)

the rights owner; and

(b)

X.