PART 3Multi-territorial Licensing and Collective Management Organisations
Representation of other collective management organisations in relation to multi-territorial licensing29
1
This regulation applies where a collective management organisation (“the requesting collective management organisation”)—
a
does not grant or offer to grant multi-territorial licences for the online rights in musical works in its own repertoire; and
b
requests another collective management organisation (“the requested collective management organisation”) to enter into a representation agreement to represent the rights referred to in sub-paragraph (a).
2
Where this regulation applies—
a
the requested collective management organisation must agree to the request referred to in paragraph (1)(b) if that organisation is already granting or offering to grant multi-territorial licences for the same category of online rights in musical works in the repertoire of one or more other collective management organisations;
b
the requested collective management organisation must respond to the requesting collective management organisation in writing without undue delay;
c
the requested collective management organisation must manage the represented repertoire of the requesting collective management organisation on the same conditions as those which it applies to the management of its own repertoire (but see sub-paragraphs (e) and (f);
d
the requested collective management organisation must include the represented repertoire of the requesting collective management organisation in all offers it addresses to online service providers;
e
the requested collective management organisation must ensure that the management fee for the service provided by the requested management organisation to the requesting management organisation does not exceed the costs reasonably incurred by the requested collective management organisation; and
f
the requesting collective management organisation must make available to the requested collective management organisation information relating to its own music repertoire required for the provision of multi-territorial licences for online rights in musical works.
3
Where the information provided under paragraph (2)(f) is insufficient or provided in a form that does not allow the requested collective management organisation to meet the requirements of this Part, paragraph (2) does not prevent the requested collective management organisation from—
a
charging for the costs reasonably incurred in meeting the requirements of this Part; or
b
excluding the online rights in musical works for which information made available under paragraph (2)(f) is insufficient or cannot be used.