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Copyright Tribunals (Procedure) Regulations 2021 · reg 40

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reg 40Section 198 — copying or communicating material for educational purposes

(1)

An application to a Tribunal to decide the amount of equitable remuneration under section 198(5)(b) for making a copy of an authorial work or of a recording of a protected performance (called in this paragraph the relevant material) or for communicating the relevant material must —

(a)

be made by the rights owner or the body (X) administering an educational institution;

(b)

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

(i)

identify the relevant material to which the application relates;

(ii)

state whether the applicant is the rights owner or X;

(iii)

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

(iv)

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

(c)

request a Tribunal to decide the amount of equitable remuneration for making a copy of or communicating the relevant material; 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 198(5)(b) for making a copy of an authorial work or of a recording of a protected performance (called in this paragraph the relevant material) or for communicating the relevant material must —

(a)

be made by the rights owner or the body (X) administering an educational institution;

(b)

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

(i)

identify the relevant material to which the application relates;

(ii)

state whether the applicant is the rights owner or X;

(iii)

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

(iv)

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

(c)

request a Tribunal to decide the amount of equitable remuneration for making a copy of or communicating the relevant material; and

(d)

be in the specified form.

Subregulation 2

The parties to the application are —

(a)

the rights owner; and

(b)

X.