Collective Administration of Copyright (Amendment) Regulations,

L.N. 80 of 2010

COPYRIGHT ACT

(CAP. 415)

Control of the Establishment and Operation of Societies for the

Collective Administration of Copyright (Amendment) Regulations,

IN exercise of the powers conferred by article 59 of the

Copyright Act, the Minister of Finance, the Economy and Investment

has made the following regulations:–

(1)

The title of these regulations is the Control of the

Establishment and Operation of Societies for the Collective

Administration of Copyright (Amendment) Regulations, 2010 and

they shall be read and construed as one with the Control of the

Establishment and Operation of Societies for the Collective

Administration of Copyright Regulations, hereinafter in these

regulations referred to as "the principal regulations".

(2) These regulations shall be deemed to have come into force

on the 1st January, 2010.

Regulation 4 of the principal regulations shall be amended

as follows

(a)

in sub-regulation (2) thereof, the words "submitted

to the Board shall include:" shall be substituted by the words ",

which may also be submitted to the Board by electronic means,

shall include:"; and

(b)

in sub-regulation (2) thereof, immediately after

paragraph (e), there shall be inserted the following new

paragraphs

"(f) the contact details, including a postal address,

fax number or e-mail address, telephone number and the

legal address if this is not the same as the postal address,

for the purpose of receiving complaints or requests for

information; and

(g) the prescribed fee for a request for approval

of a collecting society".

Regulation 5 of the principal regulations shall be amended Amends

regulation 5 of

the principal

regulations.

(a)

for sub-regulation (1) thereof, there shall be

substituted the following

"(1) As soon as practicable after the receipt of a

request for the approval of a collecting society, the Board

shall

(a) issue an acknowledgement of receipt of the

request to the applicant indicating therein a

reasonable time period for the processing of the

application

Provided that such period shall apply if all

the required documentation has been submitted and

no written objection is received following the

publication of the request and the tariffs;

(b) in the event that the required

documentation or information is not submitted with

the application, the Board shall issue a notification to

the applicant requesting the submission of the

missing documentation and information. The Board

shall inform the applicant that the time period

communicated in the acknowledgement issued in

terms of the preceding paragraph will have to be

reviewed and that the new time period will be

notified to the applicant upon receipt of the missing

documentation;

(c) in the event that the missing

documentation is received by the Board, which

documentation is to be submitted with the prescribed

fee, the Board shall issue an acknowledgement to the

applicant indicating therein a reasonable time period

for the continued consideration of the application

subject to there not being any written objections

following the publication of the request and the

tariffs;

(d) following the receipt of all the required

documentation, as soon as practicable, the Board

shall publish the request together with the proposed

tariffs in the Gazette and shall give notice that,

within sixty days after publication, prospective users

or their representatives may file written objections,

to the request or the tariffs, with the Board. These

objections shall be accompanied by the prescribed

fee and shall be submitted on the basis of the

provisions of regulation 4(3);

(e) the Board shall publish a notice in two

local newspapers thereby referring to the publication

of the request and tariffs in the Gazette; and

(f)

all publication costs in the Gazette and the

local newspapers shall be borne by the applicant.";

(b)

for sub-regulation (2) thereof, there shall be

substituted the following

"(2) Following the lapse of sixty days as specified

in sub-regulation (1)

(a) in the event that no objections to the

request and tariffs are made, the Board shall approve

or refuse the request for operation of a collecting

society within the time period indicated in the

acknowledgement issued by the Board in accordance

with regulation 5(1)(a) and (c) as the case may be

and taking into consideration regulation 4(3), (4) and

(5); and

(b) in the event that objections to the request

and tariffs are made, the Board shall approve or

refuse the request for operation of a collecting

society within a reasonable time period, taking into

consideration regulation 4(3), (4) and (5) and the

grounds of the objections received.";

(c)

immediately after sub-regulation (2) thereof, there

shall be inserted the following new sub-regulation

"(3) In considering any request for operation of a

collecting society, the Board may call upon the collecting

society and any person who has made an objection under

sub-regulation (1)(d) for further representations, and shall

provide the collecting society with the opportunity to

amend its request as deemed necessary."; and

(d)

sub-regulations (3) and (4) thereof shall be

renumbered as sub-regulations (4) and (5) respectively.

Regulation 6 of the principal regulations shall be amended Amends

regulation 6 of

as follows

the principal

regulations.

(a)

for sub-regulation (1) thereof, there shall be

substituted the following

"(1) An approved tariff shall be effective until

such time as a new tariff is approved."; and

(b)

in sub-regulation (2) thereof, for the words "After

the two years specified in subregulation (1) have elapsed," there

shall be substituted the words "Not less than six months and not

more than eight months before the lapse of the period of two

calendar years from the date when it was published in the

Gazette,".

Immediately after sub-regulation (2) of regulation 9 of the Amends

regulation 9 of

principal regulations, there shall be inserted the following

the principal

regulations.

"(3)

A request for information made in terms of sub-

regulations (1) and (2) shall be made either to the collecting

society directly or together with the payment of the prescribed

fee to the competent authority falling within the Ministry

responsible for intellectual property. The competent authority

will inform the Board of the request. The Board shall consider

the request and if found reasonable in terms of sub-regulation

(2), the Board shall

(a) provide access to the information required if

this has already been made available to the Board by the

collecting society; or

(b) request such information from the collecting

society and forward the information obtained to the person

requesting it.

(4) The competent authority

shall cooperate with the designated

entity in accordance with article

10(3) of the Services (Internal

Market) Act to ensure that general

information on the requirements

applicable in other Member States

relating to access to, and exercise of

collecting societies and the means or

redress available in the case of a

dispute concerning a recipient of the

services of a collecting society, is

easily accessible to providers and

recipients.".

Sub-regulation (3) of regulation 13 of the principal

regulations shall be amended as follows

(a)

for the words "a collecting society shall finish"

there shall be substituted the words "a collecting society shall

furnish"; and

(b)

for the words "the collecting society to comply

until its request" there shall be substituted the words "the

collecting society to comply with its request".

Immediately after regulation 14 of the

principal

regulations there shall be added the following schedule

"SCHEDULE

Fees

Fee for a request for approval of a collecting society

(Regulation 4) ............€200

Fee for submission of objection to the request or the tariffs

(Regulation 5(1)(d))... €100

Fee for submission of missing documentation

(Regulation 5(1) (c))...€50

Fee for submission of a new set of tariffs

(Regulation 6).............€100

Fee for request for information

(Regulation 9(3)..... .€50".

€0.56