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Copyright Tribunals (Procedure) Regulations 2021 · reg 48

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reg 48Section 253 — copying sound recording or recording of performance for broadcasting

(1)

An application to a Tribunal to decide the amount of equitable remuneration under section 253(2)(c)(ii) for making a copy of a sound recording or of a recording of a protected performance, or for recording a protected performance live, must —

(a)

be made by rights owner or the person (X) who makes the copy or records the protected performance live;

(b)

set out the events giving rise to the application and, in particular, must include the matters specified in paragraph (2);

(c)

request a Tribunal to decide the amount that is equitable remuneration for making the copy of the recording, or for recording the protected performance live, as the case may be; and

(d)

be in the specified form.

(2)

The application must —

(a)

if the application relates to making a copy of a sound recording or of a recording of a protected performance —

(i)

identify the recording to which the application relates;

(ii)

identify the copy to which the application relates;

(iii)

state whether the applicant is the rights owner or X;

(iv)

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

(v)

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

(b)

if the application relates to recording a protected performance live —

(i)

identify the protected performance to which the application relates;

(ii)

identify the recording to which the application relates;

(iii)

state whether the applicant is the rights owner or X;

(iv)

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

(v)

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

(3)

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 253(2)(c)(ii) for making a copy of a sound recording or of a recording of a protected performance, or for recording a protected performance live, must —

(a)

be made by rights owner or the person (X) who makes the copy or records the protected performance live;

(b)

set out the events giving rise to the application and, in particular, must include the matters specified in paragraph (2);

(c)

request a Tribunal to decide the amount that is equitable remuneration for making the copy of the recording, or for recording the protected performance live, as the case may be; and

(d)

be in the specified form.

Subregulation 2

The application must —

(a)

if the application relates to making a copy of a sound recording or of a recording of a protected performance —

(i)

identify the recording to which the application relates;

(ii)

identify the copy to which the application relates;

(iii)

state whether the applicant is the rights owner or X;

(iv)

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

(v)

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

(b)

if the application relates to recording a protected performance live —

(i)

identify the protected performance to which the application relates;

(ii)

identify the recording to which the application relates;

(iii)

state whether the applicant is the rights owner or X;

(iv)

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

(v)

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

Subregulation 3

The parties to the application are —

(a)

the rights owner; and

(b)

X.