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Section 246 — communication by analogue broadcast

Copyright Tribunals (Procedure) Regulations 2021

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—(1) An application to a Tribunal to decide the amount of equitable remuneration under section 246(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.

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