Licensing Schemes: Performers' Property Rights Licensing
Licensing schemes and licensing bodies.
265.—(1) In this Part—
“licences” means licences to undertake or authorise the undertaking of any of the acts restricted by a performer's property rights;
“licensing body” means a society or other organisation which has as its main object, or one of its main objects, the negotiating or granting, either as owner or prospective owner of a performer's property rights, or as exclusive licensee or as agent for him or her, of performers' property rights licences, and whose objects include the granting of licences relating to the performances of more than one performer;
“licensing scheme” means a scheme specifying—
(a) the classes of case in which the operator of the scheme, or the person on whose behalf that operator acts, is willing to grant performers' property rights licences, and
(b) the terms on which licences would be granted in those classes of case,
and for this purpose a “scheme” includes anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name.
(2) References in this Part to licences or licensing schemes relating to the performances of more than one performer shall not include licences or schemes relating to—
(a) performances recorded in a single recording, or
(b) performances recorded in more than one recording where—
(i) the performers giving the performances are the same, or
(ii) the recordings are made by, or by employees of or commissioned by, a single individual, firm, company or group of companies, including holding companies and their subsidiaries.
References and Applications Relating to Licensing Schemes