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This is the original version (as it was originally made).

Reporting and invoicing

This section has no associated Explanatory Memorandum

26.—(1) A collective management organisation must monitor the use of online rights in musical works which it represents, wholly or in part, by online service providers to which it has granted a multi-territorial licence for those rights.

(2) A collective management organisation must offer online service providers the possibility of reporting by electronic means the actual use of online rights in musical works.

(3) A collective management organisation must offer the use of at least one method of reporting the matters referred to in paragraph (2) which takes account of voluntary industry standards or practices developed at international level or at the level of the European Union for the electronic exchange of such data.

(4) A collective management organisation may refuse to accept reporting by the online service provider in a proprietary format if the organisation allows for reporting using an industry standard for the electronic exchange of data.

(5) An online service provider must accurately report the use of the works referred to in paragraph (2).

(6) A collective management organisation must invoice the online service provider by electronic means in accordance with paragraphs (7) and (8).

(7) The collective management organisation must offer the use of at least one format which takes into account voluntary industry standards or practices developed at international level or at the level of the European Union.

(8) The invoice must identify—

(a)the works and rights which are licensed, wholly or in part, on the basis of the data referred to in paragraph (3) of regulation 23 (capacity to process); and

(b)the corresponding actual uses, to the extent this is possible on the basis of the information provided by the online service provider and the format used to provide that information.

(9) The online service provider may not refuse to accept the invoice because of its format if the collective management organisation is using an industry standard.

(10) The collective management organisation must invoice the online service provider accurately and without delay after the actual use of the online rights in that musical work is reported except where this is not possible for reasons attributable to the online service provider.

(11) The collective management organisation must have in place adequate arrangements enabling the online service provider to challenge the accuracy of the invoice including when the online service provider receives invoices from one or more collective management organisations for the same online rights in the same musical work.

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