Copyright and Related Rights Act, 2000

Chapter 12

Registration of Licensing Bodies in Respect of Database Right

Register of licensing bodies for database right.

355.—(1) The Controller shall establish and maintain a register of licensing bodies in respect of database rights in such form and manner and containing such particulars as the Minister may prescribe to be known as the “Register of Licensing Bodies for Database Rights” and referred to in this Part as the “Register”.

(2) The Controller shall keep the Register in such form that the Register is capable of being used to make a copy of any entry in the Register.

(3) The Register shall be kept at such place as may be prescribed by the Minister and, subject to the payment of such fee as may be prescribed by the Minister with the consent of the Minister for Finance—

(a) the Register shall be made available for inspection by a person at such times and in such manner as may be prescribed by the Minister, and

(b) where a request is made to the Controller for a certified or uncertified copy of, or extract from, an entry in the Register, the Controller shall issue a copy of the entry or extract to the applicant.

(4) An application for registration or renewal of a registration of a licensing body shall be made to the Controller in such form and manner as may be prescribed by the Minister and shall be subject to the payment of such fee as may be prescribed by the Minister with the consent of the Minister for Finance.

(5) The Controller shall register an applicant or renew a registration where the Controller is satisfied that—

(a) the applicant complies with the definition of a licensing body specified in section 340 , and

(b) the applicant has provided such information and satisfied such conditions as may be prescribed by the Minister for the purposes of registration.

(6) The information to be prescribed by the Minister under subsection (5)(b) shall include the following:

(a) the name of the applicant;

(b) the address of the applicant;

(c) the names of the chairperson and other members of the board or officers, or names of partners, as the case may be, of the applicant;

(d) a copy of the memorandum and articles of association or partnership agreement, of the applicant;

(e) details of the scheme;

(f) details of the scales of charges or proposed charges to be levied by the applicant; and

(g) the class of rightsowners represented or proposed to be represented by the applicant.

(7) On the registration or renewal of a registration of a licensing body the Controller shall issue to the applicant a certificate of registration in such form as the Controller shall determine.