Copyright Tribunal (Procedure) (Amendment) Regulations 2005

Status:

Published in Subsidiary Legislation Supplement
on 04 Apr 2005

No. S 223

(Chapter 63)

In exercise of the powers conferred by sections 175 and 202 of the Copyright Act, the Minister for Law hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Copyright Tribunal (Procedure) (Amendment) Regulations 2005 and shall come into operation on 18th April 2005.

New regulation 22A

2. The Copyright Tribunal (Procedure) Regulations (Rg 6) (referred to in these Regulations as the principal Regulations) are amended by inserting, immediately after regulation 22, the following regulation:

“Matters to be included in application under section 52 (11C) of Act

22A. An application to the Tribunal under section 52(11C) of the Act shall —

(a)

set out the circumstances or events giving rise to the application and, in particular, shall —

(i)	identify the work to which the application relates;
(ii)	state whether the applicant is the owner of the copyright in the work or the body administering an educational institution;
(iii)	if the applicant is the owner of the copyright — state the name of the body administering an educational institution which communicated the work or on whose behalf the work was communicated; and
(iv)	if the applicant is the body administering an educational institution — state the name of the owner of the copyright;

(b)

request the Tribunal to determine the amount that is equitable remuneration to the owner of the copyright for the making of the communication of the work; and

(c)

be in Form 5A.”.

New regulation 25B

3. The principal Regulations are amended by inserting, immediately after regulation 25A, the following regulation:

“Matters to be included in application under section 107D of Act

25B. An application to the Tribunal under section 107D of the Act shall —

(a)

set out the events giving rise to the application and, in particular, shall —

(i)	identify the sound recording to which the application relates;
(ii)	state the date on and place at which the recording was made available to the public;
(iii)	state the mode of and means by which the sound recording was made available to the public;
(iv)	state whether the applicant is the owner of the copyright in the recording or the person who made available the recording to the public;
(v)	if the applicant is the owner of the copyright — state the name of the person who made available the recording to the public; and
(vi)	if the applicant is the person who made available the sound recording to the public — state the name of the owner of the copyright in the recording;

(b)

request the Tribunal to determine the amount that is equitable remuneration to the owner of the copyright for the making available of the sound recording to the public; and

(c)

be in Form 8B.”.

Amendment of First Schedule

4. The First Schedule to the principal Regulations is amended —

(a)

by inserting, immediately after Form 5, the following Form:

“