COPYRIGHT ACT 1968 - SECT 113V Declaration of collecting society

COPYRIGHT ACT 1968 - SECT 113V

Applications

  (1)   A body may apply, in writing, to the Minister to be declared to be:

  (a)   the works collecting society for:

  (i)   all eligible rights holders; or

  (ii)   specified classes of eligible rights holders; or

  (b)   the broadcasts collecting society.

Declarations

  (2)   After receiving the application, the Minister must do one of the following:

  (a)   declare the body to be a collecting society;

  (b)   refuse to declare the body to be a collecting society;

  (c)   both:

  (i)   refer the application to the Copyright Tribunal in the way prescribed by the regulations; and

  (ii)   notify the body of the referral.

  (3)   The Copyright Tribunal may declare the body to be a collecting society if the Minister refers the application to the Tribunal under paragraph   (2)(c). The Registrar must notify the Minister of the declaration.

Note:   Section   153A sets out the procedure of the Copyright Tribunal in dealing with the referral.

  (4)   A declaration of the body to be a collecting society under this section must declare the body to be a collecting society:

  (a)   for either:

  (i)   works to which paragraph   113P(1)(b) applies; or

  (ii)   copyright material to which paragraph   113P(2)(b) applies; and

  (b)   for:

  (i)   if subparagraph   (a)(i) of this subsection applies--specified classes of eligible rights holders; or

  (ii)   in either case--all eligible rights holders.

  (5)   The Minister must, by notifiable instrument, give notice of a declaration made under this section.

Existing collecting societies

  (6)   If:

  (a)   a body is declared to be the works collecting society for an eligible rights holder; and

  (b)   another body is later declared to be the works collecting society for the eligible rights holder;

the first declaration ceases to be in effect on the day (the cessation day ) before the second declaration commences, to the extent the first declaration relates to the eligible rights holder.

  (7)   If:

  (a)   a remuneration notice given to the first body under section   113Q:

  (i)   is in force on the cessation day; and

  (ii)   applies to a work; and

  (b)   the eligible rights holder owns the copyright in the work;

the notice ceases to be in force on the cessation day, to the extent the notice applies to the work.

  (8)   A body cannot be declared to be the broadcasts collecting society while another body is declared to be the broadcasts collecting society.

Eligible rights holders

  (9)   In this Act:

"eligible rights holder" means:

  (a)   for a works collecting society--the owner of the copyright in a work; or

  (b)   for the broadcasts collecting society--any of the following:

  (i)   the owner of the copyright in a work, a sound recording or a cinematograph film (other than a new owner of the copyright in a sound recording of a live performance within the meaning of section   100AB);

  (ii)   a performer in a performance (within the meaning of Part   XIA).