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CMOs may publish less detailed information if users are indemnified

Copyright (Collective Management Organisations) Regulations 2023

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—(1) A CMO may, instead of complying with regulation 38 —(a)publish on its website the information required by this regulation; and(b)provide an indemnity to every user of the CMO in accordance with this regulation.Information(2) The information required is a list of —(a)every member of the CMO; and(b)every partner collecting society of the CMO (but not a partner collecting society that is not an authorising party under its representation agreement with the CMO).(3) The CMO may also publish a list of works and performances that are not a part of its portfolio.(4) Information published under paragraph (2) or (3) must be kept up to date.(5) Information published under paragraph (2) or (3) is deemed to be up to date if —(a)the information was updated within the last 3 months and was accurate when it was last updated; and(b)the CMO’s website —(i)states the date on which the information was last updated; and(ii)states the matters required by regulation 40(5).Indemnity(6) The CMO must indemnify a user against any liability incurred by the user for a rights infringement arising from the user’s use of a work or performance if —(a)the work or performance is apparently within the CMO’s portfolio; and(b)the use of the work or performance is otherwise in accordance with the user agreement.(7) A work or performance is apparently within the CMO’s portfolio if —(a)on the date falling 3 months before the date on which the user agreement is entered into —(i)the author, maker, publisher or performer who made or gave the work or performance, or the rights owner of the work or performance, fell within the list mentioned in paragraph (2) or a representation agreement mentioned in that paragraph; and(ii)the work or performance was not in any list published under paragraph (3);(b)the user agreement does not expressly exclude the use of the work or performance;(c)the user agreement does not state all the information mentioned in regulation 38(3) or (4) (as the case may be) for every work or performance that the user is granted permission to use; and(d)the CMO did not, at any time before the user agreement was entered into, give the user any confirmation, in response to a request made in accordance with regulation 40, that the work or performance is not part of its portfolio.(8) The indemnity required by paragraph (1) must extend to indemnifying the user against —(a)any costs ordered against the user; and(b)any costs reasonably incurred by the user,in connection with actual or contemplated proceedings for the rights infringement.(9) The indemnity required by this regulation must be provided for in the user agreement.(10) The user agreement may provide for the indemnity to be subject to —(a)reasonable conditions in relation to the manner in which, and time within which, claims under the indemnity are to be made;(b)reasonable conditions enabling the CMO to take over the conduct of any proceedings that affect the amount of the CMO’s liability to indemnify the user; and(c)a maximum amount.(11) For the purposes of paragraph (10)(c), any provision for a maximum amount —(a)must be reasonable; and(b)is deemed to be unreasonable if it is less than the amount of damages and costs ordered by a court against a user for a rights infringement that falls within the terms of the indemnity.(12) In this regulation, “user agreement” means the agreement between the CMO and a user under which the CMO grants the user permission to use the CMO’s portfolio.

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