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The Collective Management of Copyright (EU Directive) Regulations 2016

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This is the original version (as it was originally made).

Licensing

This section has no associated Explanatory Memorandum

15.—(1) A collective management organisation and a user and an independent management entity and a user must—

(a)conduct negotiations for the licensing of rights in good faith; and

(b)provide each other with all necessary information.

(2) A collective management organisation must ensure that licensing terms are based on objective and non-discriminatory criteria (but see paragraph (3)).

(3) Paragraph (2) does not require a collective management organisation to use as a precedent for other online services licensing terms agreed with a user where the user is providing a new type of online service which has been available to the public in a member State for less than 3 years.

(4) A collective management organisation must ensure that—

(a)right holders receive appropriate remuneration for the use of their rights;

(b)tariffs it determines for exclusive rights and rights to remuneration are reasonable in relation to matters such as—

(i)the economic value of the use of the rights in trade taking into account the nature and scope of the use of the work and other subject matter; and

(ii)the economic value of the service provided by the collective management organisation;

and

(c)it informs the user concerned of the criteria used for the setting of those tariffs.

(5) A collective management organisation must—

(a)reply without undue delay to requests from users indicating, amongst other things, the information needed in order for the collective management organisation to offer a licence;

(b)upon receipt of all relevant information without undue delay either—

(i)offer a licence; or

(ii)provide the user with a reasoned statement explaining why it does not intend to license a particular service;

(c)allow users to communicate with it by electronic means, including, where appropriate, for the purpose of reporting on the use of the licence; and

(d)after giving a user a licence, treat that user in good faith (but see paragraph (6)).

(6) Paragraph 5(d) does not apply where the collective management organisation is a business with fewer than ten employees and has a turnover or balance sheet total of less than 2 million euros per annum.

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