Copyright and Related Rights Act, 2000

Certification of licensing schemes.

173.—(1) A person operating or proposing to operate a licensing scheme may apply to the Minister to certify the scheme for the purposes of section 56 , 57 or 172 .

(2) The Minister may by order certify a licensing scheme where he or she is satisfied that—

(a) the licensing body in charge of the scheme is representative of a substantial number of rightsholders in the category of works to which the scheme is designed to apply, and

(b) the scheme sets out clearly the charges payable and the other terms and conditions on which licences are to be granted.

(3) The scheme shall be set out in an order made under subsection (2) and the certification shall come into operation for the purposes of section 56 , 57 or 172 as the case may be—

(a) on a date, specified in the order, not less than 8 weeks after the order is made, or

(b) where the scheme is the subject of a reference under section 151 , on any later date on which the order of the Controller under that section comes into force, or the reference is withdrawn.

(4) A variation of the scheme to which this section applies is not effective unless a corresponding amendment of the order is made and the Minister shall make such an amendment in the case of a variation ordered by the Controller on a reference under section 151 , 152 or 153 and may do so in any other case where the Minister thinks fit.

(5) An order made under subsection (2) shall be revoked where the scheme ceases to operate and may be revoked where it appears to the Minister that the scheme is no longer being operated in accordance with the terms of the order.

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