S T A T U T O R Y  I N S T R U M E N T S  
2016 No. 221 
COPYRIGHT 
The Collective Management of Copyright (EU Directiv e) 
Regulations 2016 
Made  - - - - 24th February 2016 
Laid before Parliament 25th February 2016 
Coming into force  - - 10th April 2016 
CONTENTS 
PART 1 
Introduction 
 
1. Citation and commencement 3 
2. Interpretation and application 3 
 
PART 2 
Collective Management Organisations 
 
3. General obligations of collective management org anisations in relation to 
right holders 4 
4. Particular obligations of collective management organisations in relation to 
right holders 4 
5. Membership rules of collective management organi sations 5 
6. Collective management organisations and their me mbers 6 
7. General assembly of members of collective manage ment organisations 6 
8. Collective management organisations: supervisory  function 10 
9. Collective management organisations: management 10 
10. Collection and use of rights revenue 11 
11. Deductions 11 
12. Distributions of amounts to right holders 12 
13. Rights managed under representation agreements 13 
14. Deductions and payments in representation agree ments 13 
15. Licensing 14 
16. Users’ obligations 15 
17. Information provided to right holders 15 
18. Information provided to other collective manage ment organisations 16 
19. Information provided to right holders, other co llective management 
organisations and users on request 16  220. Disclosure of information to the public 17 
21. Annual transparency report 17 
 
PART 3 
Multi-territorial Licensing and Collective Manageme nt Organisations 
 
22. Application 20 
23. Capacity to process multi-territorial licences 20 
24. Transparency of multi-territorial repertoire in formation 21 
25. Accuracy of multi-territorial repertoire inform ation 21 
26. Reporting and invoicing 22 
27. Payment to right holders 22 
28. Agreements between collective management organi sations for multi-territorial 
licensing 23 
29. Representation of other collective management o rganisations in relation to 
multi-territorial licensing 24 
30. Access to multi-territorial licensing 24 
 
PART 4 
Dispute Resolution and Enforcement 
 
31. Complaints procedure 25 
32. Alternative dispute resolution procedures 26 
33. Right of right holders in relation to a breach of regulation 4 26 
34. Monitoring of compliance 26 
35. Evidence of non-compliance 26 
36. Power to request information 26 
37. Compliance notice 27 
38. Financial penalties for non-compliance 28 
39. Financial penalties: procedure 28 
40. Appeals 29 
41. Recovery of a financial penalty 29 
42. Notices 29 
43. Computation of time 30 
 
PART 5 
Amendments and Transitional Provision 
 
44.–46. Amendments 30 
47.–50. Transitional provisions 31 
51. Review 32 
The Secretary of State, as a Minister designated( a) for the purposes of section 2(2) of the 
European Communities Act 1972( b) in relation to matters relating to copyright and rights in 
performances, makes these Regulations in exercise o f the powers contained in section 2(2) of that 
Act. 
                                                                                                                                            
(a) S.I. 1992/707 and S.I. 1993/595. 
(b) 1972 c.68; section 2(2) was amended by section 27 (1)(a) of the Legislative  and Regulatory Reform Ac t 2006 (c.51) and 
section 3(3) of, and Part 1 of the Schedule to, the  European Union (Amendment) Act 2008 (c.7).  3PART 1 
Introduction 
Citation and commencement 
1.  These Regulations may be cited as the Collective M anagement of Copyright (EU Directive) 
Regulations 2016 and come into force on 10th April 2016. 
Interpretation and application 
2. —(1) In these Regulations— 
“collective management organisation” means an organ isation which— 
(a)  is authorised by law or by way of assignment, licen ce or any other contractual 
arrangement to manage copyright or rights related t o copyright on behalf of more than 
one right holder, for the collective benefit of tho se right holders, as its sole or main 
purpose; and 
(b)  is either owned or controlled by its members or is organised on a not for profit basis, or 
both; 
“general assembly of members” means the body in the  collective management organisation 
through which members participate and exercise thei r voting rights; 
“independent management entity” means an organisati on which— 
(a)  is authorised by law or by way of assignment, licen ce or any other contractual 
arrangement to manage copyright or rights related t o copyright on behalf of more than 
one right holder, for the collective benefit of tho se right holders, as its sole or main 
purpose; 
(b)  is neither owned nor controlled, directly or indire ctly, wholly or in part, by right holders; 
and 
(c)  is organised on a for profit basis; 
“management fees” means the amounts charged, deduct ed or offset by a collective 
management organisation from rights revenue or from  any income arising from the investment 
of rights revenue in order to cover the costs of it s management of copyright or related rights; 
“member” means a right holder or an entity represen ting right holders, including other 
collective management organisations and association s of right holders, fulfilling the 
membership requirements of the collective managemen t organisation and admitted by it; 
“multi-territorial licence” means a licence which c overs the territory of more than one member 
State( a); 
“non-distributable”, in relation to amounts due to right holders, is construed in accordance 
with regulation 12(9); 
“online rights in musical works” means any of the r ights of an author in a musical work 
provided for under articles 2 and 3 of Directive 20 01/29/EC of the European Parliament and of 
the Council of 22 May 2001( b) which are required for the provision of an online  service; 
“online service provider” means a user who is an on line service provider referred to in Part 3 
of these Regulations; 
“repertoire” means the works in respect of which a collective management organisation 
manages rights; 
“representation agreement” means an agreement betwe en collective management 
organisations whereby one collective management org anisation mandates another collective 
                                                                                                                                            
(a) “member State” is defined in Part 2 of Schedule 1  to the European Communities Act 1972. 
(b) OJ No. L167, 22.6.2001, p.10.  4management organisation to manage the rights it rep resents, including an agreement 
concluded under regulation 28 (agreements between c ollective management organisations) 
and 29 (representation of other collective manageme nt organisations); 
“right holder” means any person, other than a colle ctive management organisation, that— 
(a)  holds a copyright or related right; or 
(b)  under an agreement for the exploitation of rights o r by law is entitled to a share of the 
rights revenue; 
“rights revenue” means income collected by a collec tive management organisation on behalf 
of right holders, whether deriving from an exclusiv e right, a right to remuneration or a right to 
compensation; 
“statute” means the memorandum and articles of asso ciation, the statute, the rules or 
documents of constitution of a collective managemen t organisation; 
“user” means a person who— 
(a)  is carrying out acts subject to the authorisation o f right holders, remuneration of right 
holders or payment of compensation to right holders ; and 
(b)  is not acting in the capacity of a consumer. 
(2)  The obligations of a collective management organisa tion in Part 2 and 4 of these Regulations 
apply to a collective management organisation estab lished in the United Kingdom. 
(3)  The obligations of a collective management organisa tion in Part 3 of these Regulations apply 
to a collective management organisation in accordan ce with regulation 22. 
(4)  Where an entity which is directly or indirectly own ed or controlled, wholly or in part, by a 
collective management organisation carries on an ac tivity which, if carried on by the collective 
management organisation, would be subject to the pr ovisions of these Regulations then those 
provisions apply to that entity. 
(5)  The following provisions of these Regulations apply  to an independent management entity 
established in the United Kingdom— 
(a)  paragraph (1) of regulation 15 (licensing); 
(b)  regulation 17 (information to be provided to right holders); 
(c)  paragraph (1)(b) of regulation 19 (information to b e provided on request);  
(d)  paragraph (2) of regulation 20 (disclosure of infor mation to the public); and 
(e)  paragraph 1(f) of regulation 36 (power to request i nformation). 
PART 2 
Collective Management Organisations 
General obligations of collective management organi sations in relation to right holders 
3.  A collective management organisation— 
(a)  must act in the best interests of right holders who se rights it represents; and 
(b)  must not impose on such right holders any obligatio ns which are not objectively 
necessary for the protection of their rights and in terests or for the effective management 
of their rights. 
 
Particular obligations of collective management org anisations in relation to right holders 
4.  A collective management organisation must ensure t hat— 
(a)  right holders have the right to authorise a collect ive management organisation of their 
choice to manage—  5(i)  the rights, 
(ii)  categories of rights, 
(iii)  types of works, and 
(iv)  other subject matter, 
of their choice, for the territory of their choice irrespective of the member State of 
nationality, residence or establishment of either t he collective management organisation 
or the right holder; 
(b)  it manages the matters referred to in paragraph (a) (i) to (iv) provided that the 
management of these matters falls within the scope of its activity or unless it has 
objectively justified reasons to refuse management;  
(c)  right holders have the right to grant licences for non-commercial uses of any of the 
matters referred to in paragraph (a)(i) to (iv) tha t they may choose; 
(d)  right holders have the right— 
(i)  to terminate the authorisation to manage the matter s referred to in paragraph (a)(i) to 
(iv) granted by them to a collective management org anisation, or 
(ii)  to withdraw from a collective management organisati on the matters of their choice 
referred to in paragraph (a)(i) to (iv) for the ter ritory of their choice, 
upon serving reasonable notice not exceeding six mo nths unless the collective 
management organisation decides that such terminati on or withdrawal is to take place at 
the end of its financial year; 
(e)  if there are amounts due to a right holder for acts  of exploitation which occurred, or under 
a licence granted, before the time when termination  or withdrawal under paragraph (d) 
took effect, the right holder retains the rights un der regulation 11 (deductions), 12 
(distributions), 17 (information), 19 (information on request), 27 (payment) and 31 
(complaints); 
(f)  it does not restrict the exercise of rights referre d to in paragraphs (d) and (e) by requiring, 
as a condition for the exercise of those rights, th at the management of the matters referred 
to in paragraph (a)(i) to (iv) which are subject to  the termination or the withdrawal are 
entrusted to another collective management organisa tion; 
(g)  where a right holder authorises a collective manage ment organisation to manage that right 
holder’s rights— 
(i)  the right holder gives consent specifically for eac h of the matters referred to in 
paragraph (a)(i) to (iv) which the right holder aut horises the collective management 
organisation to manage; and 
(ii)  that consent is evidenced in documentary form; 
(h)  it informs a right holder of their rights under par agraphs (a) to (g) and any conditions 
attached to the right in paragraph (c) before obtai ning the right holder’s consent to its 
managing the matters set out in paragraph (a)(i) to  (iv); 
(i)  by 10th October 2016 it informs right holders who h ave authorised it by 9th April 2016 of 
their rights under paragraph (a) to (g) as well as of any conditions attached to the right set 
out in paragraph (c); and 
(j)  the rights under paragraphs (a) to (i) are set out in the statute or membership terms of the 
collective management organisation. 
Membership rules of collective management organisat ions 
5. —(1) A collective management organisation must— 
(a)  accept as members— 
(i)  right holders, and  6(ii)  entities representing right holders, including othe r collective managements 
organisations and associations of right holders, 
if they fulfil the membership requirements (see par agraph (2)); and 
(b)  in cases where it refuses to accept a request for m embership, provide the right holder with 
a clear explanation of the reasons for its decision . 
(2)  A collective management organisation must ensure th at its membership requirements— 
(a)  are based on objective, transparent and non-discrim inatory criteria; 
(b)  are included in its statute or membership terms; an d 
(c)  are made publicly available. 
Collective management organisations and their membe rs 
6.  A collective management organisation must— 
(a)  ensure that its statute provides for appropriate an d effective mechanisms for the 
participation of its members in the decision-making  process of that organisation; 
(b)  ensure that the representation of the different cat egories of members in the decision-
making process is fair and balanced; 
(c)  allow— 
(i)  its members, and 
(ii)  right holders who are not members but who have a di rect legal relationship with it by 
law or by way of assignment, licence or other contr actual arrangement, 
to communicate with it by electronic means includin g, in the case of its members, for the 
purposes of exercising members’ rights; and 
(d)  keep records of its members and regularly update th ose records. 
General assembly of members of collective managemen t organisations 
7. —(1) A collective management organisation must ensu re that— 
(a)  the general assembly of members is convened at leas t once a year; 
(b)  the general assembly of members decides on amendmen ts to the statute and the 
membership terms of the collective management organ isation, where those terms are not 
regulated by the statute; 
(c)  the general assembly of members decides on the appo intment and dismissal of the 
directors, reviews their general performance and ap proves their remuneration and other 
benefits such as— 
(i)  monetary and non-monetary benefits; 
(ii)  pension awards and entitlements; 
(iii)  rights to other awards; and 
(iv)  rights to severance pay; 
(but see paragraph (12)); 
(d)  in accordance with regulation 10 (rights revenue), 11 (deductions) and 12 (distribution) 
and subject to paragraph (2) the general assembly o f members decides on at least— 
(i)  the general policy on the distribution of amounts d ue to right holders; 
(ii)  the general policy on the use of non-distributable amounts; 
(iii)  the general investment policy with regards to right s revenue and to any income 
arising from the investment of rights revenue; 
(iv)  the general policy on deductions from rights revenu e and from any income arising 
from the investment of rights revenue;  7(v)  the use of non-distributable amounts; 
(vi)  the risk management policy; 
(vii)  the approval of any acquisition, sale or hypothecat ion of immovable property; 
(viii)  the approval of— 
(aa)  mergers and alliances; 
(bb)  the setting-up of subsidiaries; 
(cc)  the acquisition of other entities or shares or righ ts in other entities; 
and; 
(ix)  the approval of taking out loans, granting loans or  providing security for loans; 
(e)  the general assembly of members controls the activi ties of the collective management 
organisation by at least— 
(i)  deciding on the appointment and removal of the audi tor (but see paragraph (3)); and 
(ii)  approving the annual transparency report referred t o in regulation 21 (annual 
transparency report); 
(f)  all members of the collective management organisati on have the right to participate in, 
and the right to vote at, the general assembly of m embers (but see paragraph (4)); 
(g)  every member of a collective management organisatio n has a right to appoint another 
person as a proxy to participate in, and vote at, t he general assembly of members on the 
member’s behalf provided that the appointment does not result in a conflict of interest; 
and 
(h)  in relation to the right in sub-paragraph (g)— 
(i)  each proxy is valid for a single general assembly o f members; 
(ii)  the proxy holder enjoys the same rights in the gene ral assembly of members as those 
to which the appointing member would be entitled; 
(iii)  the proxy holder casts votes in accordance with the  instructions issued by the 
appointing member. 
(2)  The requirement in paragraph (1)(d)(vi) to (ix) may  be satisfied where the general assembly of 
members delegates to the body exercising the superv isory function referred in regulation 8 
(supervisory function) the functions referred to in  those sub-paragraphs by a resolution or by a 
provision in the statute. 
(3)  The requirement in paragraph (1)(e)(i) may be satis fied where an auditor is appointed under 
Chapter 2 of Part 16 of the Companies Act 2006( a). 
(4)  The requirement in paragraph (1)(f) may be satisfie d— 
(a)  where a collective management organisation restrict s the rights of members referred to in 
that sub-paragraph on the basis or either or both t he following criteria— 
(i)  duration of membership, or 
(ii)  amounts received or due to a member; 
and; 
(b)  where these criteria— 
(i)  are determined and applied in a manner which is fai r and proportionate; and 
(ii)  are included in the statute or the membership terms  of the collective management 
organisation and are made publicly available in acc ordance with regulation 20 
(disclosure of information to the public). 
(5)  This paragraph applies where a collective managemen t organisation by reason of its legal form 
does not have a general assembly of members. 
                                                                                                                                            
(a) 2006 c.46.  8(6)  Where paragraph (5) applies— 
(a)  the collective management organisation must ensure that the functions of the general 
assembly of members referred to in paragraph (1)(b)  to (e) are exercised by the body 
exercising the supervisory function referred to in regulation 8 (collective management 
organisation: supervisory function); and 
(b)  this regulation applies with the following modifica tions— 
(i)  in paragraph (1), sub-paragraphs (a), (b), (c), (d)  and (e) apply as if the references to 
“general assembly of members” were references to  “ body exercising the supervisory 
function referred to in regulation 8”; 
(ii)  in paragraph (1), subparagraphs (f), (g) and (h) do  not apply; and 
(iii)  paragraphs (2) and (4) do not apply. 
(7)  This paragraph applies where— 
(a)  a collective management organisation decides that t he functions of the general assembly 
of members referred to in paragraph (1)(b) to (e) a re to be exercised by an assembly of 
delegates elected at least every four years by the members of the collective management 
organisation; 
(b)  appropriate and effective participation of members in the collective management 
organisation’s decision-making process is ensured; and 
(c)  the representation of the different categories of m embers in the assembly of delegates is 
fair and balanced. 
(8)  Where paragraph (7) applies this regulation applies  with the following modifications— 
(a)  in paragraph (1), sub-paragraphs (a), (b), (c), (d)  and (e) apply as if the references to  
“general assembly of members” were references to “ assembly of delegates”; 
(b)  in paragraph (1), sub-paragraph (f) applies as if i t read “all delegates elected to the 
assembly of delegates have the right to participate  in, and vote at, the assembly of 
delegates;”; 
(c)  in paragraph (1), sub-paragraph (g) applies as if t he reference to— 
(i)  “member of a collective management organisation” re ad “delegate elected to the 
assembly of delegates”; 
(ii)  “general assembly of members” read “assembly of del egates”; and 
(iii)  “member’s behalf” read “delegate’s behalf”; 
(d)  in paragraph (1), sub-paragraph (h) applies as if— 
(aa)  both references to “general assembly of members” we re references to  
“assembly of delegates”; and 
(bb)  both references to “appointing member” were to “app ointing delegate”; 
(e)  paragraph (2) applies as if the reference to “gener al assembly of members” were a 
reference to “assembly of delegates”; and 
(f)  paragraph (4) does not apply. 
(9)  This paragraph applies where— 
(a)  a collective management organisation only has membe rs who represent right holders; and 
(b)  the collective management organisation decides that  one or more of the functions of the 
general assembly of members referred to in paragrap h (1)(b) to (e) are to be exercised by 
an assembly of those right holders. 
(10)  Where paragraph (9) applies and the collective mana gement organisation has decided that all 
the functions of the general assembly of members ar e to be exercised by an assembly of right 
holders then this regulation applies with the follo wing modifications— 
(a)  in paragraph (1), sub-paragraphs (a), (b), (c), (d)  and (e) apply as if references to  
“general assembly of members” were references to  “ assembly of right holders”;  9(b)  in paragraph (1), sub-paragraph (f) applies as if i t read “all right holders who are 
represented by members have the right to participat e in, and the right to vote at, the 
assembly of right holders;”; 
(c)  in paragraph (1), sub-paragraph (g) applies as if t he reference to— 
(i)  “member of a collective management organisation” re ad “right holder who is 
represented by a member”; and 
(ii)  “general assembly of members on the member’s behalf ” read “assembly of right 
holders on the right holder’s behalf”; 
(d)  in paragraph (1), sub-paragraph (h) applies as if— 
(i)  both references to “general assembly of members” we re references to “assembly of 
right holders”; and 
(ii)  both references to “appointing member” were to “app ointing right holder” 
(e)  paragraph (2) applies as if the reference to “gener al assembly of members” were a 
reference to “assembly of right holders”; and 
(f)  paragraph (4) does not apply. 
(11)  Where paragraph (9) applies and the collective mana gement organisation has decided that 
some of the functions of the general assembly of me mbers are to be exercised by an assembly of 
right holders then this regulation applies with the  following modifications— 
(a)  in paragraph (1), sub-paragraph (a) applies as if a fter the words “general assembly of 
members” there were added “and the assembly of righ t holders”; 
(b)  a reference in paragraph (1) (b), (c), (d) and (e) to the general assembly of members is to 
be read as a reference to an assembly of right hold ers so far as that reference relates to a 
function that the collective management organisatio n has decided is to be exercised by an 
assembly of right holders; 
(c)  in paragraph (1), sub paragraph (f) applies as if a fter “(but see paragraph (4)” there were 
added “and all right holders who are represented by  members have the right to participate 
in, and vote at, the assembly of right holders”; 
(d)  in paragraph (1), sub-paragraph (g) applies as if a fter “general assembly of members on 
the member’s behalf” there were added “ and every r ight holder who is represented by a 
member has a right to appoint another person as a p roxy to participate in, and vote at, the 
assembly of right holders on the right holder’s beh alf”; 
(e)  in paragraph (1), sub-paragraph (h) applies as if— 
(i)  at the end of sub-paragraph (i) there were added “o r for a single assembly of right 
holders”; 
(ii)  in sub-paragraph (ii)— 
(aa)  after the reference to “the general assembly of mem bers” there were added “or 
the assembly of right holders”; and 
(bb)  after the reference to “appointing member” there we re added “or appointing 
right holder”; 
and; 
(iii)  in sub-paragraph (iii) after the reference to “appo inting member” there were added 
“or the appointing right holder”; 
(f)  paragraph (2) applies as if after the reference to the “general assembly of members” there 
were added “or the assembly of right holders”; and 
(g)  paragraph (4) applies only in relation to the requi rement in paragraph (1)(f) concerning 
the rights of members in relation to the general as sembly of members. 
(12)  Where the statute of a collective management organi sation provides for a dual board the 
collective management organisation must ensure that  the general assembly of members does not— 
(a)  decide on the appointment and dismissal of members of the management board, or  10 (b)  approve their remuneration and other benefits, 
to the extent those powers are delegated to the sup ervisory board. 
(13)  In paragraph (1)(c) “director” means— 
(a)  any member of the administrative board of the colle ctive management organisation; or 
(b)  where the statute of the collective management orga nisation provides for a dual board, 
any member of the management board or supervisory b oard. 
Collective management organisations: supervisory fu nction 
8. —(1) A collective management organisation must ensu re that it has in place a supervisory 
function for continuously monitoring the activities  and the performance of the duties of the 
persons who manage the business of the organisation  which satisfies the requirements of this 
regulation. 
(2)  The requirements of this regulation are— 
(a)  there is a fair and balanced representation of the different categories of members of the 
collective management organisation in the body exer cising the supervisory function; 
(b)  each person exercising the supervisory function mak es an annual individual statement to 
the general assembly of members on conflicts of int erest, containing the information 
referred in paragraph (3) of regulation 9 (manageme nt); 
(c)  the body exercising the supervisory function meets regularly and has at least the 
following powers— 
(i)  to exercise the powers delegated to it by the gener al assembly of members, including 
the delegation of functions referred to in paragrap h (2) of regulation 7 (general 
assembly of members); and 
(ii)  to monitor the activities and the performance of th e duties of persons referred to in 
regulation 9, including the implementation of the d ecisions of the general assembly 
of members and, in particular, of the general polic ies referred to in paragraph 
(1)(d)(i) to (iv) of regulation 7 (general assembly  of members); 
and; 
(d)  the body exercising the supervisory function report s on the exercise of its powers to the 
general assembly of members at least once a year. 
Collective management organisations: management 
9. —(1) A collective management organisation must ensu re that persons who manage its 
business do so in a sound, prudent and appropriate manner, using sound administrative and 
accounting procedures and internal control mechanis ms. 
(2)  A collective management organisation must put in pl ace and apply procedures (see paragraph 
(3))— 
(a)  to avoid conflicts of interest; and 
(b)  where such conflicts cannot be avoided, to identify , manage, monitor and disclose actual 
or potential conflicts of interest in such a way as  to prevent them from adversely affecting 
the collective interests of the right holders whom the organisation represents. 
(3)  The procedures referred to in paragraph (2) include  an annual individual statement by each of 
the persons referred to in paragraph (1) to the gen eral assembly of members, containing the 
following information— 
(a)  any interests in the collective management organisa tion; 
(b)  any remuneration received in the preceding financia l year from the collective 
management organisation, including in the form of p ension schemes, benefits in kind and 
other types of benefits;  11 (c)  any amount received in the preceding financial year  as a right holder from the collective 
management organisation; and 
(d)  a declaration concerning any actual or potential co nflict between— 
(i)  any personal interests and those of the collective management organisation; and 
(ii)  any obligations owed to the collective management o rganisation and any duty owed 
to any other person. 
(4)  A collective management organisation must ensure th at its staff training procedures for 
employees, agents and representatives include appro priate training about conduct that complies with 
its obligations under these Regulations (but see pa ragraph (5)). 
(5)  Paragraph (4) does not apply where the collective m anagement organisation is a business with 
fewer than ten employees and which has a turnover o r balance sheet of less than 2 million euros per 
annum. 
Collection and use of rights revenue 
10.  A collective management organisation must ensure— 
(a)  that it is diligent in the collection and managemen t of rights revenue; 
(b)  that it keeps separate in its accounts— 
(i)  rights revenue and any income arising from the inve stment of rights revenue; and 
(ii)  any own assets it may have and income arising from such assets, from management 
fees or from other activities; 
(c)  that it does not use rights revenue or any income a rising from the investment of rights 
revenue for purposes other than distribution to rig ht holders, except where it is allowed— 
(i)  to deduct or offset its management fees in complian ce with a decision taken in 
accordance with paragraph (1)(d)(iv) of regulation 7 (general assembly of members); 
or 
(ii)  to use the rights revenue or any income arising fro m the investment of rights revenue 
in compliance with a decision taken in accordance w ith regulation 7(1)(d); 
and; 
(d)  that where it invests rights revenue, or any income  arising from the investment of rights 
revenue, it does so— 
(i)  in the best interests of the right holders whose ri ghts it represents; 
(ii)  in accordance with the general investment and risk management policy referred to in 
paragraph (1)(d)(iii) and (vi) of regulation 7 (gen eral assembly of members); and 
(iii)  having regard to the following— 
(aa)  where there is any potential conflict of interest, the collective management 
organisation must ensure that the investment is mad e in the sole interest of 
those right holders; 
(bb)  the assets are invested in order to ensure the secu rity, quality, liquidity and 
profitability of the portfolio as a whole; and 
(cc)  the assets are properly diversified in order to avo id excessive reliance on any 
particular asset and accumulation of risks in the p ortfolio as a whole. 
Deductions 
11. —(1) A collective management organisation must ensu re that where a right holder authorises 
it to manage that right holder’s rights, the collec tive management organisation provides the right 
holder with information on— 
(a)  management fees (see paragraph (3)), and  12 (b)  other deductions from the rights revenue and from a ny income arising from the 
investment of the rights revenue (see paragraph (2) ), 
before obtaining the right holder’s consent to mana ge the right holder’s rights. 
(2)  A collective management organisation must ensure th at deductions— 
(a)  are reasonable in relation to the services provided  by the collective management 
organisation to right holders (including, where app ropriate, the services referred to in 
paragraph (5)); and 
(b)  are established on the basis of objective criteria.  
(3)  A collective management organisation must ensure th at management fees do not exceed the 
justified and documented costs incurred by the coll ective management organisation in managing 
copyright and related rights. 
(4)  A collective management organisation must ensure th at the requirements in these Regulations 
relating to the use, and the transparency of the us e, of amounts deducted or offset in respect of 
management fees apply to any other deductions made in order to cover the costs of managing 
copyright and related rights. 
(5)  A collective management organisation must ensure th at where it provides social, cultural or 
educational services funded through deductions from  rights revenue or from any income arising 
from the investment of rights revenue, such service s are provided on the basis of fair criteria, in 
particular in relation to access to, and the extent  of, those services. 
Distributions of amounts to right holders 
12. —(1) A collective management organisation must regu larly, diligently and accurately 
distribute and pay amounts due to right holders in accordance with the general policy on 
distribution referred to in paragraph (1)(d)(i) of regulation 7 (general assembly of members) 
subject to paragraph (3) of regulation 14 (deductio ns and payments) and regulation 27 (payment). 
(2)  A collective management organisation or, a member o f it which is an entity representing right 
holders, must distribute and pay the amounts referr ed to in paragraph (1) to right holders as soon as 
possible but in any event no later than the beginni ng of the period which starts 9 months from the 
end of the financial year in which the rights reven ue was collected unless paragraph (3) applies. 
(3)  This paragraph applies where there are objective re asons which prevent the collective 
management organisation or its member referred to i n paragraph (2) from distributing or paying the 
amounts within the time specified in that paragraph . 
(4)  The objective reasons referred to in paragraph (3) may relate in particular to— 
(a)  reporting by users; 
(b)  identification of rights or right holders; or 
(c)  matching of information on works and other subject matter with right holders. 
(5)  A collective management organisation must ensure th at amounts due to right holders are kept 
separate in the accounts of the collective manageme nt organisation where— 
(a)  those amounts cannot be distributed within the time  specified in paragraph (2) because 
the relevant right holders cannot be identified or located; and 
(b)  paragraph (3) does not apply. 
(6)  A collective management organisation must take all necessary measures to identify and locate 
right holders consistent with the requirements of p aragraph (1) (see paragraph 7). 
(7)  The measures referred to in paragraph (6) include i n particular— 
(a)  the collective management organisation making avail able, at the latest 3 months after the 
beginning of the period specified in paragraph (2),  information on works and other 
subject matter (see paragraph (8)) for which a righ t holder has not been identified or 
located to— 
(i)  the right holders that the collective management or ganisation represents or entities 
which are its members and which represent right hol ders; and  13 (ii)  the collective management organisations with which it has concluded representation 
agreements. 
(b)  the collective management organisation— 
(i)  verifying the records referred in in paragraph (d) of regulation 6 (collective 
management organisation and its members) and other readily available records; and 
(ii)  where right holders remain unidentified or not loca ted, making the information 
referred to in sub-paragraph (a) available to the p ublic no later than one year after the 
end of the 3 month period referred to in that sub-p aragraph. 
(8)  The information referred to in paragraph (7) includ es, where available— 
(a)  the title of the work or other subject matter; 
(b)  the name of the right holder; 
(c)  the name of the relevant publisher or producer; and  
(d)  any other relevant information available which coul d assist in identifying the right holder. 
(9)  Amounts due to right holders are non-distributable for the purposes of these Regulations 
where— 
(a)  they cannot be distributed before the end of the pe riod of 3 years from the end of the 
financial year in which collection of the rights re venue occurred; and 
(b)  the collective management organisation has taken al l necessary measures to identify and 
locate the right holders referred to in paragraph ( 6). 
(10)  The decision on the use of non-distributable amount s referred to in regulation 7(1)(d) is 
without prejudice to the right of a right holder to  claim such amounts from the copyright 
management organisation in accordance with the law providing for a limitation period applicable to 
the bringing of proceedings. 
Rights managed under representation agreements 
13.  A collective management organisation must not disc riminate against any right holder whose 
rights it manages under a representation agreement in particular with respect to— 
(a)  applicable tariffs; 
(b)  management fees; and 
(c)  the conditions for— 
(i)  the collection of rights revenue; and 
(ii)  distribution of amounts due to right holders. 
Deductions and payments in representation agreement s 
14. —(1) A collective management organisation must not make deductions (other than in respect 
of management fees)— 
(a)  from the rights revenue derived from the rights it manages on the basis of a representation 
agreement, or 
(b)  from any income arising from the investment of that  rights revenue, 
unless the other collective management organisation  that is party to the representation agreement 
expressly consents to such deductions. 
(2)  A collective management organisation must regularly , diligently and accurately distribute and 
pay amounts due to other collective management orga nisations. 
(3)  A collective management organisation must carry out  the distribution and payments referred to 
in paragraph (2) as soon as possible but in any eve nt no later than the beginning of the period which 
starts 9 months from the end of the financial year in which the rights revenue was collected unless 
paragraph (4) applies.  14 (4)  This paragraph applies where there are objective re asons which prevent the collective 
management organisation from distributing or paying  the amounts within the time specified in 
paragraph (3). 
(5)  The objective reasons referred to in paragraph (4) may, in particular, relate to— 
(a)  reporting by users; 
(b)  identification of rights or right holders; or 
(c)  matching of information on works and other subject matter with right holders. 
(6)  The other collective management organisation referr ed to in paragraph (1) or, where it has a 
member which is an entity representing right holder s, that member must ensure that it distributes and 
pays the amounts due to right holders as soon as po ssible but in any event no later than the 
beginning of the period which starts 6 months from the receipt of those amounts unless paragraph 
(7) applies. 
(7)  This paragraph applies where there are objective re asons which prevent the collective 
management organisation or its member referred to i n paragraph (6) from distributing and paying 
the amounts within the time specified in paragraph (6). 
(8)  The objective reasons referred to in paragraph (6) may, in particular, relate to— 
(a)  reporting by users; 
(b)  identification of rights or right holders; or 
(c)  matching of information on works and other subject matter with right holders. 
Licensing 
15. —(1) A collective management organisation and a use r and an independent management 
entity and a user must— 
(a)  conduct negotiations for the licensing of rights in  good faith; and 
(b)  provide each other with all necessary information. 
(2)  A collective management organisation must ensure th at licensing terms are based on objective 
and non-discriminatory criteria (but see paragraph (3)). 
(3)  Paragraph (2) does not require a collective managem ent organisation to use as a precedent for 
other online services licensing terms agreed with a  user where the user is providing a new type of 
online service which has been available to the publ ic in a member State for less than 3 years. 
(4)  A collective management organisation must ensure th at— 
(a)  right holders receive appropriate remuneration for the use of their rights; 
(b)  tariffs it determines for exclusive rights and righ ts to remuneration are reasonable in 
relation to matters such as— 
(i)  the economic value of the use of the rights in trad e taking into account the nature and 
scope of the use of the work and other subject matt er; and 
(ii)  the economic value of the service provided by the c ollective management 
organisation; 
and; 
(c)  it informs the user concerned of the criteria used for the setting of those tariffs. 
(5)  A collective management organisation must— 
(a)  reply without undue delay to requests from users in dicating, amongst other things, the 
information needed in order for the collective mana gement organisation to offer a licence; 
(b)  upon receipt of all relevant information without un due delay either— 
(i)  offer a licence; or 
(ii)  provide the user with a reasoned statement explaini ng why it does not intend to 
license a particular service;  15 (c)  allow users to communicate with it by electronic me ans, including, where appropriate, for 
the purpose of reporting on the use of the licence;  and 
(d)  after giving a user a licence, treat that user in g ood faith (but see paragraph (6)). 
(6)  Paragraph 5(d) does not apply where the collective management organisation is a business 
with fewer than ten employees and has a turnover or  balance sheet total of less than 2 million euros 
per annum. 
Users’ obligations 
16. —(1) A user must provide a collective management or ganisation within an agreed or pre-
established time and in an agreed or pre-establishe d format with such relevant information at its 
disposal on the use of the rights represented by th e collective management organisation as is 
necessary for— 
(a)  the collection of rights revenue; and 
(b)  the distribution and payment of amounts due to righ t holders. 
(2)  A collective management organisation and a user mus t ensure that they take into account, as 
far as possible, voluntary industry standards in de ciding on the format for the information referred t o 
in paragraph (1). 
Information provided to right holders 
17. —(1) A collective management organisation and an in dependent management entity must 
make available not less than once a year to each ri ght holder to whom— 
(a)  it has attributed rights revenue, or 
(b)  made payments, 
in the period to which the information relates, at least the information specified in paragraph (2). 
(2)  The information specified in this paragraph is— 
(a)  contact details which the right holder has authoris ed the collective management 
organisation or the independent management entity t o use in order to identify and locate 
the right holder; 
(b)  the rights revenue attributed to the right holder; 
(c)  the amount paid by the collective management organi sation or the independent 
management entity to the right holder for each cate gory of right managed and for each 
type of use; 
(d)  the period during which the use took place for whic h amounts were attributed and paid to 
the right holder unless objective reasons relating to reporting by users prevent the 
collective management organisation or the independe nt management entity from 
providing this information; 
(e)  deductions made in respect of management fees; 
(f)  deductions made for any other purpose other than in  respect of management fees, 
including those that may be legally required for th e provision of social, cultural or 
educational services; and 
(g)  rights revenue attributed to the right holder which  is outstanding for a period. 
(3)  A collective management organisation and an indepen dent management entity must provide 
the information specified in paragraph (2) to the p erson referred to in sub-paragraph (b) where— 
(a)  it attributes rights revenue to right holders; 
(b)  it has a member an entity which is responsible for the distribution of rights revenue to 
right holders; and 
(c)  that member does not have that information in their  possession.  16 (4)  The member to whom information is supplied under pa ragraph (3) must make available not 
less than once a year the information specified in paragraph (2) to each right holder to whom the 
member has attributed rights revenue or made paymen ts in the period to which the information 
relates. 
Information provided to other collective management  organisations 
18. —(1) A collective management organisation must make  available at least the information 
specified in paragraph (2) by electronic means no l ess than once a year to collective management 
organisations on whose behalf it manages rights und er a representation agreement for the period to 
which the information relates. 
(2)  The information specified in this paragraph is— 
(a)  the rights revenue attributed for the rights it man ages under the representation agreement; 
(b)  the amounts paid by the collective management organ isation— 
(i)  for each category of rights managed, and 
(ii)  for each type of use, 
for the rights it manages under the representation agreement; 
(c)  rights revenue attributed which is outstanding for any period; 
(d)  deductions made in respect of management fees; 
(e)  deductions made for a purpose other than in respect  of management fees referred to in 
regulation 14 (deductions and payments); 
(f)  information on any licences grated or refused with regard to works and other subject 
matter covered by the representation agreement; and  
(g)  resolutions adopted by the general assembly of memb ers in so far as those resolutions are 
relevant to the management of the rights under the representation agreement. 
Information provided to right holders, other collec tive management organisations and users 
on request 
19. —(1) Subject to regulation 24 (transparency of mult i-territorial repertoire information)— 
(a)  a collective management organisation must make the information specified in paragraph 
(2) or, where it applies, paragraph (4) available b y electronic means and without undue 
delay, in response to a duly justified request, to—  
(i)  a collective management organisation on whose behal f it manages rights under a 
representation agreement; 
(ii)  a right holder; or 
(iii)  a user; 
and; 
(b)  an independent management entity must make the info rmation specified in paragraph (2) 
or, where it applies, paragraph (4) available by el ectronic means and without undue delay, 
in response to a duly justified request, to— 
(i)  a right holder; or 
(ii)  a user. 
(2)  The information specified in this paragraph is— 
(a)  the works or other subject matter the collective ma nagement organisation or the 
independent management entity represents; 
(b)  the rights the collective management organisation o r the independent management entity 
manages directly or the collective management organ isation manages under 
representation agreements; and 
(c)  the territories covered.  17 (3)  Paragraph (4) applies where, due to the scope of th e activity of the collective management 
organisation or the independent management entity, the work or other subject matter which it 
represents cannot be determined. 
(4)  The information specified in this paragraph is— 
(a)  the types of works of other subject matter the coll ective management organisation or the 
independent management entity represents; 
(b)  the rights the collective management organisation o r the independent management entity 
manages; and 
(c)  the territories covered. 
Disclosure of information to the public 
20. —(1) A collective management organisation must— 
(a)  make public the information specified in paragraph (3); and 
(b)  publish and keep up to date on its public website t he information specified in that 
paragraph. 
(2)  An independent management entity must make public t he information specified in paragraph 
(3)(a), (b), (c), (e), (f) and (g). 
(3)  The information specified in this paragraph is— 
(a)  its statute; 
(b)  its membership terms and the terms of termination o f authorisation to manage rights, if 
these are not included in the statute; 
(c)  standard licensing contracts and standard applicabl e tariffs including discounts; 
(d)  the list of persons referred to in regulation 9(1) (management); 
(e)  its general policy on distribution of amounts due t o right holders; 
(f)  its general policy on management fees; 
(g)  its general policy on deductions, other than in res pect of management fees, from— 
(i)  rights revenue; and 
(ii)  income arising from the investment of rights revenu e including deductions for the 
purposes of social, cultural and educational servic es; 
(h)  a list of— 
(i)  the representation agreements it has entered into; and 
(ii)  the names of the collective management organisation s with which those 
representation agreements have been concluded; 
(i)  the general policy on the use of non-distributable amounts; and 
(j)  the complaint handling and dispute resolution proce dures available in accordance with 
regulations 31 (complaints procedure) and 32 (alter native dispute resolution procedure) 
and under Part 1, Chapter 7 of the Copyright, Desig ns and Patents Act 1988( a). 
Annual transparency report 
21. —(1) A collective management organisation must— 
(a)  draw up and make public an annual transparency repo rt, including the special report 
referred to in paragraph (3), for each financial ye ar no later than 8 months following the 
end of that financial year; 
(b)  publish on its website the annual transparency repo rt; and 
                                                                                                                                            
(a) 1988 c.48.  18 (c)  ensure that the annual transparency report remains available on its website for at least 5 
years. 
(2)  The annual transparency report referred to in parag raph (1) must— 
(a)  contain at least the information specified in parag raph (4); 
(b)  be audited by a person who is eligible for appointm ent as a statutory auditor under Part 42 
of the Companies Act 2006( a) in respect of the accounting information referred  to in 
paragraph (4)(a), (g), (h), (i), (j) and (k) includ ed in the report; and 
(c)  reproduce in full the audit report including any qu alifications to that report. 
(3)  The special report referred to in paragraph (1)(a) must address the use of the amounts deducted 
for the purposes of social, cultural and educationa l services and must contain at least the informatio n 
specified in paragraph (5). 
(4)  The information specified in this paragraph is— 
(a)  financial statements comprising a balance sheet or a statement of assets and liabilities, an 
income and expenditure account for the financial ye ar and a cash flow statement; 
(b)  a report on the activities in the financial year; 
(c)  information on refusals to grant a licence in accor dance with paragraph (5)(b)(ii) of 
regulation 15 (licensing); 
(d)  a description of the legal and governance structure  of the collective management 
organisation; 
(e)  information on entities directly or indirectly owne d or controlled, wholly or in part, by the 
collective management organisation; 
(f)  information on the total amount of remuneration pai d to the persons referred to in 
paragraph (2)(b) of regulation 8 (supervisory funct ion) and regulation 9 (management) in 
the previous year and on other benefits granted to them; 
(g)  a special report on the use of any amounts deducted  for the purpose of social, cultural and 
educational services referred to in paragraph (5); 
(h)  financial information on rights revenue for each ca tegory of rights managed and for each 
type of use (for example broadcasting, online and p ublic performance), including 
information on— 
(i)  the income arising from the investment of rights re venue; and 
(ii)  use of such income (whether it is distributed to ri ght holders or other collective 
management organisations or otherwise used); 
(i)  financial information on the cost of rights managem ent and other services provided by the 
collective management organisation to right holders  with a comprehensive description of 
at least the following— 
(i)  all operating and financial costs, with a breakdown  for each category of rights 
managed and, where costs are indirect and cannot be  attributed to one or more 
categories of rights, an explanation of the method used to allocate such indirect 
costs; 
(ii)  operating and financial costs with a breakdown for each category of rights managed 
and, where costs are indirect and cannot be attribu ted to one or more categories of 
rights, an explanation of the method used to alloca te such indirect costs, only with 
regard to the management of rights, including manag ement fees deducted from or 
offset against— 
(aa)  rights revenue, or 
                                                                                                                                            
(a) 2006 c.46.  19 (bb)  income arising from the investment of rights revenu e in accordance with 
paragraph (c) of regulation 10 (collection and use of rights revenue) and 
paragraphs (1) to (3) of regulation 11 (deductions) ; 
(iii)  operating and financial costs with regard to servic es other than the management of 
rights but including social, cultural and education al services; 
(iv)  resources used to cover costs; 
(v)  deductions made from rights revenue with a breakdow n for each category of rights 
managed and for each type of use and the purpose of  the deduction (such as costs 
relating to the management of rights or to social, cultural or educational services); 
(vi)  the percentages that the cost of the rights managem ent and other services provided 
by the collective management organisation to right holders represents compared to 
the rights revenue in the relevant financial year f or each category of rights managed; 
and 
(vii)  where the costs in sub-paragraph (vi) are indirect and cannot be attributed to one or 
more categories of rights, an explanation of the me thod used to allocate such indirect 
costs; 
(j)  financial information on amounts due to right holde rs with a comprehensive description 
of at least the following— 
(i)  the total amount attributed to right holders with a  breakdown for each category of 
rights managed and type of use; 
(ii)  the total amount paid to right holders, with a brea kdown for each category of rights 
managed and type of use; 
(iii)  the frequency of payments with a breakdown for each  category of rights managed 
and type of use; 
(iv)  the total amount collected but not yet attributed t o right holders with a breakdown for 
each category of rights managed and type of use and  indicating the financial year in 
which those amounts were collected; 
(v)  the total amount attributed to, but not yet distrib uted to, right holders with a 
breakdown for each category of rights managed and t ype of use and indicating the 
financial year in which those amounts were collecte d; 
(vi)  where a collective management organisation has not carried out the distribution and 
payments within the period provided for in paragrap h (2) in regulation 12 
(distribution), the reason for the delay; and 
(vii)  the total non-distributable amounts along with an e xplanation of the use to which 
those amounts have been put; 
and; 
(k)  information on relationships with other collective management organisations, with a 
description of at least the following— 
(i)  amounts received from and paid to other collective management organisations with a 
breakdown for each category of rights, for each typ e of use and for each 
organisation; 
(ii)  management fees and other deductions from the right s revenue due to other 
collective management organisations with a breakdow n for each category of rights, 
for each type of use and for each organisation; 
(iii)  management fees and other deductions from the amoun ts paid by other collective 
management organisations with a breakdown for each category of rights and for each 
organisation; and 
(iv)  amounts distributed directly to right holders origi nating from other collective 
management organisations with a breakdown for each category of rights and for each 
organisation. 
(5)  The information specified in this paragraph is—  20 (a)  the amounts deducted for the purposes of social, cu ltural and educational services in the 
financial year, with a breakdown for each type of p urpose and, for each type of purpose, 
with a breakdown for each category of rights manage d and for each type of use; and 
(b)  an explanation of the use of those amounts with a b reakdown for each type of purpose 
including costs of managing amounts deducted to fun d social, cultural and educational 
services and of the separate amounts used for socia l, cultural and educational services. 
PART 3 
Multi-territorial Licensing and Collective Manageme nt Organisations 
Application 
22. —(1) The obligations of a collective management org anisation in this Part apply to a 
collective management organisation established in t he United Kingdom managing authors’ rights 
in musical works for online use on a multi-territor ial basis (but see paragraphs (2) and (3)). 
(2)  The obligations of a collective management organisa tion in this Part do not apply to a 
collective management organisation when it grants, on the basis of the voluntary aggregation of the 
required rights, in compliance with the competition  rules under Articles 101 and 102 of the Treaty 
on the Functioning of the European Union( a) a multi-territorial licence for— 
(a)  the online rights in musical works required by a br oadcaster to communicate or make 
available to the public its radio or television pro grammes simultaneously with or after 
their initial broadcast; and 
(b)  any online material, including previews, produced b y or for the broadcaster which is 
ancillary to the initial broadcast of its radio or television programmes. 
(3)  Regulation 30 (access to multi-territorial licensin g) applies in accordance with paragraph (1) of 
that regulation. 
Capacity to process multi-territorial licences 
23. —(1) A collective management organisation which gra nts multi-territorial licences for online 
rights in musical works must ensure that it has suf ficient capacity to process electronically, in an 
efficient and transparent manner, data needed for t he administration of a multi-territorial licence 
for online rights in musical works. 
(2)  For the purposes of paragraph (1) “sufficient capac ity” includes sufficient capacity for the 
purposes of— 
(a)  identifying the repertoire and monitoring its use; 
(b)  invoicing users; 
(c)  collecting rights revenue; and 
(d)  distributing amounts due to right holders. 
(3)  For the purposes of paragraph (1) a collective mana gement organisation must— 
(a)  have the ability to identify accurately the musical  works, wholly or in part, which the 
collective management organisation is authorised to  represent; 
(b)  have the ability to identify accurately, wholly or in part, with respect to each relevant 
territory, the rights and their corresponding right  holders for each musical work, or share 
in such work, which the collective management organ isation is authorised to represent; 
(c)  make use of unique identifiers in order to identify  right holders and musical works, taking 
into account, as far as possible, voluntary industr y standards and practices developed at 
international level or at the level of the European  Union; and 
                                                                                                                                            
(a) OJ No C83, 30.3.2010, p.47.  21 (d)  make use of adequate means in order to identify and  resolve in a timely and effective 
manner inconsistencies in data held by other collec tive management organisations 
granting multi-territorial licences for online righ ts in musical works. 
Transparency of multi-territorial repertoire inform ation 
24. —(1) In response to a duly justified request a coll ective management organisation which 
grants multi-territorial licences for online rights  in musical works must provide, by electronic 
means, to— 
(a)  online service providers, 
(b)  right holders whose rights it represents, and 
(c)  other collective management organisations, 
up-to-date information allowing the identification of the online music repertoire it represents (but 
see paragraph (3)). 
(2)  The information referred to in paragraph (1) includ es— 
(a)  the musical works represented; 
(b)  the rights represented wholly or in part; and 
(c)  the territories covered. 
(3)  In complying with paragraph (1) a collective manage ment organisation may take reasonable 
measures, where necessary, to— 
(a)  protect the accuracy and integrity of the data; 
(b)  control their reuse; and 
(c)  protect commercially sensitive information. 
Accuracy of multi-territorial repertoire informatio n 
25. —(1) A collective management organisation which gra nts multi-territorial licences for online 
rights in musical works must have in place arrangem ents to enable— 
(a)  a right holder, 
(b)  another collective management organisation, and 
(c)  an online service provider, 
to request a correction of the data referred to in paragraph (3) of regulation 23 (capacity to 
process) or the information referred to in paragrap h (1) of regulation 24 (transparency) where a 
person referred to in sub-paragraphs (a) to (c) bel ieves on the basis of reasonable evidence that the 
information or data is inaccurate in respect of the ir online rights in musical works. 
(2)  Where a claim under paragraph (1) is sufficiently s ubstantiated the collective management 
organisation must correct the information without u ndue delay. 
(3)  A collective management organisation must provide— 
(a)  right holders whose musical works are included in i ts own music repertoire, and 
(b)  right holders who have entrusted the management of their online rights in musical works 
to it in accordance with regulation 30 (access to m ulti-territorial licensing), 
with the means of submitting to it in electronic fo rm information concerning their musical works, 
their rights in those works and the territories in respect of which the right holders authorise the 
organisation. 
(4)  When information is submitted in accordance with pa ragraph (3), the collective management 
organisation and the right holder must take into ac count, as far as possible, voluntary industry 
standards or practices regarding the exchange of da ta developed at international level or at the level  
of the European Union allowing right holders to spe cify— 
(a)  the musical work, wholly or in part;  22 (b)  the online rights, wholly or in part; and 
(c)  the territories in respect of which they authorise the organisation. 
(5)  A collective management organisation which has been  mandated by another collective 
management organisation (“the mandating collective management organisation”) to grant multi-
territorial licences for online rights in musical w orks under— 
(a)  regulation 28 (agreements between collective manage ment organisations), or 
(b)  regulation 29 (representation of collective managem ent organisations), 
must comply with paragraph (3) with respect to the right holders whose musical works are 
included in the repertoire of the mandating collect ive management organisation unless the 
collective management organisations agree otherwise . 
Reporting and invoicing 
26. —(1) A collective management organisation must moni tor the use of online rights in musical 
works which it represents, wholly or in part, by on line service providers to which it has granted a 
multi-territorial licence for those rights. 
(2)  A collective management organisation must offer onl ine service providers the possibility of 
reporting by electronic means the actual use of onl ine rights in musical works. 
(3)  A collective management organisation must offer the  use of at least one method of reporting 
the matters referred to in paragraph (2) which take s account of voluntary industry standards or 
practices developed at international level or at th e level of the European Union for the electronic 
exchange of such data. 
(4)  A collective management organisation may refuse to accept reporting by the online service 
provider in a proprietary format if the organisatio n allows for reporting using an industry standard 
for the electronic exchange of data. 
(5)  An online service provider must accurately report t he use of the works referred to in paragraph 
(2). 
(6)  A collective management organisation must invoice t he online service provider by electronic 
means in accordance with paragraph (7) and (8). 
(7)  The collective management organisation must offer t he use of at least one format which takes 
into account voluntary industry standards or practi ces developed at international level or at the leve l 
of the European Union. 
(8)  The invoice must identify— 
(a)  the works and rights which are licensed, wholly or in part, on the basis of the data 
referred to in paragraph (3) of regulation 23 (capa city to process); and 
(b)  the corresponding actual uses, to the extent this i s possible on the basis of the information 
provided by the online service provider and the for mat used to provide that information. 
(9)  The online service provider may not refuse to accep t the invoice because of its format if the 
collective management organisation is using an indu stry standard. 
(10)  The collective management organisation must invoice  the online service provider accurately 
and without delay after the actual use of the onlin e rights in that musical work is reported except 
where this is not possible for reasons attributable  to the online service provider. 
(11)  The collective management organisation must have in  place adequate arrangements enabling 
the online service provider to challenge the accura cy of the invoice including when the online 
service provider receives invoices from one or more  collective management organisations for the 
same online rights in the same musical work. 
Payment to right holders 
27. —(1) A collective management organisation which gra nts multi-territorial licences for online 
rights in musical works must distribute amounts due  to a right holder accruing from multi-
territorial licences for online rights in musical w orks accurately and without delay after the actual  23 use of the work is reported unless this is not poss ible for reasons attributable to the online service  
provider (but see paragraph (3)). 
(2)  A collective management organisation must provide a t least the following information to a 
right holder together with each payment it makes un der paragraph (1) (but see paragraph (3))— 
(a)  the period during which the uses took place for whi ch amounts are due to the right holder 
and the territories in which the uses took place; 
(b)  the amounts collected, deductions made and amounts distributed by the collective 
management organisation for each online right in an y musical work which the right 
holder has authorised the collective management org anisation to represent wholly or in 
part; and 
(c)  the amounts collected for the right holder, deducti ons made and amounts distributed by 
the collective management organisation in respect o f each online service provider. 
(3)  Where a collective management organisation (“the ma ndating collective management 
organisation”) mandates another collective manageme nt organisation (“the mandated collective 
management organisation”) to grant multi-territoria l licences for online rights in musical works 
under regulations 28 (agreements between collective  management organisations) and 29 
(representation of other collective management orga nisations) then— 
(a)  the mandated collective management organisation mus t— 
(i)  distribute the amounts referred to in paragraph (1)  accurately and without delay to 
the mandating collective management organisation; a nd 
(ii)  provide the information referred to in paragraph (2 ) to the mandating collective 
management organisation; 
and; 
(b)  the mandating collective management organisation ha s responsibility for— 
(i)  the subsequent distribution of the amounts referred  to in sub-paragraph (a)(i) to right 
holders, and 
(ii)  the subsequent provision of the information referre d to in sub-paragraph (a)(ii) to 
right holders, 
unless the mandating and mandated collective manage ment organisations agree 
otherwise. 
Agreements between collective management organisati ons for multi-territorial licensing 
28. —(1) A collective management organisation (“the man dating collective management 
organisation”) must— 
(a)  ensure that a representation agreement under which the organisation mandates another 
collective management organisation (“the mandated c ollective management 
organisation”) to grant multi-territorial licences for the online rights in musical works in 
its musical repertoire is of a non-exclusive nature ; and 
(b)  inform— 
(i)  its members, and 
(ii)  right holders who are not its members but who have a direct legal relationship with it 
by law or by way of assignment, licence or other co ntractual arrangement, 
of the main terms of that agreement including its d uration and the costs of the services 
provided by the mandated collective management orga nisation. 
(2)  The mandated collective management organisation mus t— 
(a)  manage the online rights referred to in paragraph ( 1) on a non-discriminatory basis; and 
(b)  inform the mandating collective management organisa tion of the main terms according to 
which the mandating collective management organisat ion’s online rights are to be 
licensed including—  24 (i)  the nature of the exploitation; 
(ii)  all provisions which relate to or affect the licenc e fee; 
(iii)  the duration of the licence; 
(iv)  the accounting periods; and 
(v)  the territories covered. 
Representation of other collective management organ isations in relation to multi-territorial 
licensing 
29. —(1) This regulation applies where a collective man agement organisation (“the requesting 
collective management organisation”)— 
(a)  does not grant or offer to grant multi-territorial licences for the online rights in musical 
works in its own repertoire; and 
(b)  requests another collective management organisation  (“the requested collective 
management organisation”) to enter into a represent ation agreement to represent the 
rights referred to in subparagraph (a). 
(2)  Where this regulation applies— 
(a)  the requested collective management organisation mu st agree to the request referred to in 
paragraph (1)(b) if that organisation is already gr anting or offering to grant multi-
territorial licences for the same category of onlin e rights in musical works in the 
repertoire of one or more other collective manageme nt organisations; 
(b)  the requested collective management organisation mu st respond to the requesting 
collective management organisation in writing witho ut undue delay; 
(c)  the requested collective management organisation mu st manage the represented repertoire 
of the requesting collective management organisatio n on the same conditions as those 
which it applies to the management of its own reper toire (but see sub-paragraphs (e) and 
(f); 
(d)  the requested collective management organisation mu st include the represented repertoire 
of the requesting collective management organisatio n in all offers it addresses to online 
service providers; 
(e)  the requested collective management organisation mu st ensure that the management fee 
for the service provided by the requested managemen t organisation to the requesting 
management organisation does not exceed the costs r easonably incurred by the requested 
collective management organisation; and 
(f)  the requesting collective management organisation m ust make available to the requested 
collective management organisation information rela ting to its own music repertoire 
required for the provision of multi-territorial lic ences for online rights in musical works. 
(3)  Where the information provided under paragraph (2)( f) is insufficient or provided in a form 
that does not allow the requested collective manage ment organisation to meet the requirements of 
this Part, paragraph (2) does not prevent the reque sted collective management organisation from— 
(a)  charging for the costs reasonably incurred in meeti ng the requirements of this Part; or 
(b)  excluding the online rights in musical works for wh ich information made available under 
paragraph (2)(f) is insufficient or cannot be used.  
Access to multi-territorial licensing 
30. —(1) This regulation applies to a collective manage ment organisation established in the 
United Kingdom which by 10th April 2017— 
(a)  does not grant or offer to grant multi-territorial licences for online rights in musical 
works; or  25 (b)  does not allow another collective management organi sation to represent those rights for 
such purpose. 
(2)  A collective management organisation to which this regulation applies must ensure that a right 
holder who has authorised that collective managemen t organisation to represent their online rights in 
musical works can withdraw from that collective man agement organisation the online rights in 
musical works under the conditions provided in para graph (3). 
(3)  The conditions provided in this paragraph are— 
(a)  the withdrawal referred to in paragraph (2) is for the purpose of multi-territorial licensing 
in respect of all territories in order to— 
(i)  grant multi-territorial licenses for the right hold er’s online rights in musical works by 
that right holder; or 
(ii)  grant multi-territorial licences for those works th rough any other person the right 
holder authorises or through any collective managem ent organisation complying 
with the provisions of this Part; 
and; 
(b)  the withdrawal does not require withdrawal of onlin e rights in musical works for the 
purposes of mono-territorial licensing. 
 
PART 4 
Dispute Resolution and Enforcement 
Complaints procedure 
31. —(1) A collective management organisation must make  available to— 
(a)  its members, 
(b)  right holders who are not its members but who have a direct legal relationship with it by 
law or by way of assignment, licence or other contr actual arrangement, 
(c)  collective management organisations on whose behalf  it manages rights under 
representation agreement, and 
(d)  users, 
effective and timely procedures for dealing with co mplaints. 
(2)  The matters covered by the procedures for dealing w ith complaints referred to in paragraph (1) 
relate in particular to— 
(a)  authorisation to manage rights; 
(b)  termination or withdrawal of rights; 
(c)  membership terms; 
(d)  the collection of amounts due to right holders; 
(e)  deductions and distributions; and 
(f)  the service provided. 
(3)  A collective management organisation must— 
(a)  respond in writing to complaints; and 
(b)  give reasons where it rejects a complaint. 
(4)  Paragraph (1)(d) does not apply where the collectiv e management organisation is a business 
with fewer than ten employees and which has a turno ver or balance sheet of less than 2 million euros 
per annum.  26 Alternative dispute resolution procedures 
32. —(1) A collective management organisation must ensu re that disputes to which— 
(a)  paragraph (2) applies, or 
(b)  paragraph (3) applies, 
can be submitted to an independent and impartial al ternative dispute resolution procedure. 
(2)  This paragraph applies to disputes between a collec tive management organisation and one of 
its members, a right holder, a user or another coll ective management organisation concerning 
compliance with these Regulations other than— 
(a)  a dispute to which paragraph (3) applies; or 
(b)  a dispute concerning paragraph (4)(b) of regulation  15 (tariffs). 
(3)  This paragraph applies to disputes between a collec tive management organisation to which 
Part 3 of these Regulations applies which grants or  offers to grant multi-territorial licences for onl ine 
rights in musical works with— 
(a)  an actual or potential online service provider rega rding compliance with regulation 15 
(licensing), 24 (transparency), 25 (accuracy of mul ti-territorial repertoire information) 
and 26 (reporting and invoicing); 
(b)  a right holder regarding compliance with regulation  24, 25, 26, 27 (payment to right 
holders), 28 (agreements between collective managem ent organisations), 29 
(representation of other collective management orga nisations) and 30 (access to multi-
territorial licensing); and 
(c)  another collective management organisation regardin g compliance with regulation 24, 25, 
26, 27, 28 and 29. 
(4)  Paragraph (1)(a) does not apply where the collectiv e management organisation is a business 
with fewer than ten employees and which has a turno ver or balance sheet of less than 2 million euros 
per annum. 
Right of right holders in relation to a breach of r egulation 4 
33. —(1) The obligation of a collective management orga nisation to comply with regulation 4 
(particular obligations of collective management or ganisations to right holders) is a duty owed to 
any right holder who may be affected by the contrav ention of that regulation. 
(2)  Where a duty is owed by virtue of paragraph (1) to a right holder, a breach of that duty which 
causes that right holder to sustain loss or damage shall be actionable by the right holder. 
Monitoring of compliance 
34.  The Secretary of State must monitor compliance wit h these Regulations. 
Evidence of non-compliance 
35.  The Secretary of State must have regard to evidenc e which is notified to the Secretary of 
State of activities or circumstances which may cons titute a breach of these Regulations. 
Power to request information 
36. —(1) The Secretary of State may give notice to— 
(a)  a collective management organisation, 
(b)  a member, 
(c)  a right holder or a body representing the interests  of right holders, 
(d)  a user or a body representing the interests of user s,  27 (e)  an entity to which a provision of these Regulations  applies under paragraph (4) of 
regulation 2 (interpretation and application), or 
(f)  an independent management entity, 
requiring it to supply to the Secretary of State su ch information or document as may be specified 
or described in the notice for the purpose of ascer taining whether these Regulations have been 
complied with. 
(2)  The notice may require the person to whom it is giv en to supply the information or document 
referred to in paragraph (1) at a time and a place and in a form and manner which is specified. 
(3)  The person to whom the notice is given shall supply  to the Secretary of State the information 
or document which is specified or described in the notice under paragraph (1) in accordance with 
what is specified under paragraph (2). 
(4)  The Secretary of State may, for the purpose describ ed in paragraph (1), copy any document or 
information provided. 
(5)  Nothing in this regulation gives the Secretary of S tate any power to require a person to supply 
any information or document which the person would be entitled to refuse to supply in proceedings 
in the High Court on the grounds of legal professio nal privilege or (in Scotland) in proceedings in 
the Court of Session on the grounds of confidential ity of communications. 
(6)  In paragraph (5) “communications” means— 
(a)  communications between a professional legal adviser  and the adviser’s client; or 
(b)  communications made in connection with, or in conte mplation of, legal proceedings and 
for the purposes of those proceedings. 
(7)  Nothing in this regulation shall be construed as re quiring a person to provide information if to 
do so might incriminate that person. 
(8)  A reference in this regulation to the supply of a d ocument is a reference to the supply of a 
legible and intelligible copy of information record ed otherwise than in legible form. 
Compliance notice 
37. —(1) Where the Secretary of State thinks that— 
(a)  a collective management organisation, 
(b)  a member, 
(c)  a right holder or a body representing the interests  of right holders, 
(d)  a user or a body representing the interests of user s, 
(e)  an entity to which a provision of these Regulations  applies under paragraph (4) of 
regulation 2, or 
(f)  an independent management entity, 
has failed to comply with its obligations under Par t 2 or 3 of these Regulations or under regulation 
31 (complaints procedure), 32 (alternative dispute resolution procedures) or 36 (information) the 
Secretary of State may give a notice (“a compliance  notice”) to that person. 
(2)  A compliance notice must be in writing and must— 
(a)  state that the Secretary of State thinks that the p erson has not complied with a provision 
of these Regulations; 
(b)  specify the provision in question and state the act s or omissions which the Secretary of 
State thinks contravene that provision; 
(c)  request the person, where non-compliance with the p rovision is continuing,— 
(i)  to end the non-compliance within such time as the n otice may specify; 
(ii)  to provide such evidence within that period to the satisfaction of the Secretary of 
State that the non-compliance has ended;  28 (d)  if the Secretary of State thinks fit, request the p erson to provide a written undertaking in a 
form which is satisfactory to the Secretary of Stat e, that non-compliance with the 
provision will not be repeated; and 
(e)  warn the person that if— 
(i)  the person does not comply with the compliance noti ce, or 
(ii)  the person fails to comply with a written undertaki ng provided in respect of the 
compliance notice, 
further action may be taken under these Regulations . 
(3)  The Secretary of State may rescind a compliance not ice given to a person under paragraph (1) 
and where doing so must give the person notice of t he rescission. 
(4)  Where a compliance notice has been given in relatio n to a failure to comply with these 
Regulations no action to impose a penalty under reg ulation 38 (financial penalties) may be taken in 
relation to that failure unless the person to whom it has been given has failed— 
(a)  to comply with the compliance notice; or 
(b)  to comply with a written undertaking provided in re spect of a compliance notice. 
Financial penalties for non-compliance 
38. —(1) The Secretary of State may impose a financial penalty on— 
(a)  a collective management organisation, 
(b)  a member, 
(c)  a right holder or a body representing the interests  of right holders, 
(d)  a user or a body representing the interests of user s, 
(e)  an entity to which a provision of these Regulations  applies under paragraph (4) of 
regulation 2, or 
(f)  an independent management entity, 
if the Secretary of State is satisfied that the per son referred to in paragraph (1)(a) to (f) has fail ed 
to comply with its obligations under Part 2 or 3 of  these Regulations or regulation 31, 32 or 36. 
(2)  If the Secretary of State may impose a financial pe nalty on a collective management 
organisation under paragraph (1) the Secretary of S tate may instead impose a financial penalty on a 
director, manager or similar officer of that collec tive management organisation or, where the 
organisation’s affairs are managed by its members, a member. 
(3)  The amount of the financial penalty must be such am ount as the Secretary of State considers 
appropriate. 
(4)  In deciding what amount is appropriate the Secretar y of State must have regard to the nature of 
the failure of compliance. 
(5)  A financial penalty may comprise of either— 
(a)  a sum not exceeding £50,000; or 
(b)  a sum not exceeding £5,000 together with a sum not exceeding £500 for each day that the 
person referred to in paragraph (1) continues to fa il to comply with its obligations under 
these Regulations not exceeding in total £50,000. 
(6)  A financial penalty is payable to the Secretary of State. 
Financial penalties: procedure 
39. —(1) As soon as practicable after imposing a financ ial penalty, the Secretary of State must 
give notice of the financial penalty to the person on whom it is imposed. 
(2)  The notice must state— 
(a)  that the Secretary of State has imposed a financial  penalty;  29 (b)  the amount of the financial penalty; 
(c)  the acts or omissions which the Secretary of State considers contravene the Regulations; 
(d)  the provisions of these Regulation which the Secret ary of State considers are 
contravened; 
(e)  any other facts which the Secretary of State consid ers justify the imposition of a financial 
penalty; 
(f)  the period (not less than 28 days from the date the  notice is received by the person) within 
which the financial penalty is to be paid. 
(3)  The Secretary of State may rescind a penalty which has been imposed on a person under 
regulation 37 (financial penalties) and where doing  so must give the person notice of the rescission. 
Appeals 
40. —(1) If a person on whom a financial penalty is imp osed is aggrieved by the imposition or 
the amount of a financial penalty, the person may a ppeal to the First-tier Tribunal. 
(2)  On an appeal under this regulation, the First-tier Tribunal may make such order as it considers 
appropriate. 
(3)  In this regulation “First-tier Tribunal” means the First-tier Tribunal established by section 3(1) 
of the Tribunals, Courts and Enforcement Act 2007( a). 
Recovery of a financial penalty 
41. —(1) Where a financial penalty, or any portion of i t, has not been paid by the time which it is 
required to be paid and paragraph (2) applies the S ecretary of State may recover from the person 
on whom the penalty is imposed any of the penalty w hich has not been paid as a debt due to the 
Secretary of State. 
(2)  This paragraph applies where— 
(a)  no appeal relating to the penalty has been made und er regulation 40; or 
(b)  an appeal has been made under that regulation and t hat appeal has been determined, 
withdrawn or otherwise dealt with. 
Notices 
42. —(1) Where a notice is to be given under these Regu lations, it may be given— 
(a)  by being delivered personally to a person; 
(b)  by being sent to the proper address of the person— 
(i)  by a registered post service (as defined in section  125(1) of the Postal Services Act 
2000( b)); or 
(ii)  by a postal service which provides for the delivery  of the document to be recorded 
(c)  by being sent to the person using electronic commun ications to that person’s last known 
electronic address. 
(2)  For the purpose of paragraph (1)(b) the proper addr ess of a person is— 
(a)  in the case of a body corporate, the address of the  registered office or principal office of 
the body, 
(b)  in the case of a partnership, the address of the pr incipal office of the partnership, 
(c)  in any other case, the last known address of that p erson. 
                                                                                                                                            
(a) 2007 c.15. 
(b) 2000 c.26.  30 (3)  Where a notice has been given as mentioned in parag raph (1)(b) or (c) it is to be taken to have 
been received 48 hours after it is sent unless the contrary is shown. 
Computation of time 
43. —(1) If the time specified in these Regulations for  doing any act ends on a day other than a 
working day, the act is done in time if it is done on the next working day. 
(2)  In this regulation “working day” means any day exce pt a Saturday or Sunday, Christmas Day, 
Good Friday or a day which is a bank holiday in any  part of the United Kingdom under section 1 of 
the Banking and Financial Dealings Act 1971( a). 
PART 5 
Amendments and Transitional Provision 
Amendments 
44.  In subsection (2) of section 116 (licensing scheme s and licensing bodies) of the Copyright, 
Designs and Patents Act 1988( b)— 
(a)  the words after “a “licensing body” means” become p aragraph (a); and 
(b)  after that paragraph insert— 
“, or, 
(b) any other organisation which is a collective ma nagement organisation as defined 
by regulation 2 of the Collective Management of Cop yright (EU Directive) 
Regulations 2016.”. 
45.  The Copyright (Regulation of Relevant Licensing Bo dies) Regulations 2014( c) are revoked. 
46. —(1)The Copyright and Rights in Performances (Exten ded Collective Licensing) 
Regulations 2014( d) are amended as follows. 
(2)  In regulation 2 (interpretation)— 
(a)  omit the definitions of “code of practice”, “Codes Regulations” and “specified criteria”; 
(b)  in the definition of “relevant licensing body” for “section 116(2)” substitute “section 
116(2)(a)”. 
(3)  In regulation 4 (authorisation to operate an Extend ed Collective Licensing Scheme)— 
(a)  in paragraph (3)(b) for “its code of practice” subs titute “ the Collective Management of 
Copyright (EU Directive) Regulations 2016”; and 
(b)  omit paragraph (4)(c). 
(4)  In regulation 5 (application for authorisation), in  paragraph (1)— 
(a)  omit sub-paragraphs (m) and (n); 
(b)  in sub-paragraph (o) for “with the terms of its cod e of practice” substitute “with the 
Collective Management of Copyright (EU Directive) R egulations 2016”. 
(5)  In regulation 10 (application for the renewal of an  authorisation), in paragraph (2)— 
(i)  in sub-paragraph (b) omit “(m),”; 
(ii)  omit sub-paragraph (g); 
                                                                                                                                            
(a) 1971 c.80. 
(b) 1998 c.48. 
(c) S.I. 2014/898. 
(d) S.I. 2014/2588.  31 (iii)  in sub-paragraph (h) for “the terms of its code of practice” substitute “the Collective 
Management of Copyright (EU Directive) Regulations 2016”. 
(6)  In regulation 11 (review of Extended Collective Lic ensing Scheme), in paragraph (1)— 
(i)  omit sub-paragraph (c); 
(ii)  in sub-paragraph (d) for “the terms of its code of practice” substitute “the Collective 
Management of Copyright (EU Directive) Regulations 2016”; 
(iii)  in sub-paragraph (h) omit “(m),”. 
(7)  In regulation 14 (revocation on an authorisation), in paragraph (2)(c) for “specified criteria” 
substitute “the Collective Management of Copyright (EU Directive) Regulations 2016”. 
(8)  In regulation 16 (opt out from an extended collecti ve licensing scheme), in paragraph (3)— 
(i)  in sub-paragraph (a) insert at the end “and”; 
(ii)  omit sub-paragraph (c) and the “and” which precedes  it. 
(9)  In regulation 17 (licensing of works) omit paragrap hs (3), (4) and (5). 
(10)  In regulation 18 (licence fee) in paragraph (5) bef ore “right holder” insert “non-member”. 
Transitional provisions 
47.  Despite the repeal by these Regulations of the Cop yright (Regulation of Relevant Licensing 
Bodies) Regulations 2014— 
(a)  regulation 2 (interpretation) shall continue to app ly for the purposes of the regulations 
referred to in paragraphs (b) to (g); 
(b)  regulation 6 (code reviewer) shall continue to appl y in relation to a review and report on a 
code of practice in respect of a period before the date on which these Regulations come 
into force; 
(c)  regulation 7 (licensing code ombudsman) shall conti nue to apply in relation to a dispute 
concerning compliance with a code of practice befor e the date on which these 
Regulations come into force; 
(d)  regulation 8 (recovery of fees) shall continue to a pply in relation to the cost of 
administering the operation of those Regulations; 
(e)  regulation 9 (power to request information) shall c ontinue to apply in relation to 
information relating to licensing activities before  the date on which these Regulations 
come into force; 
(f)  regulation 10 (financial penalties) shall continue to apply in relation to a failure to comply 
with the obligations specified under that regulatio n; and 
(g)  regulation 11 (imposition of penalty) and 12 (appea ls) shall continue to apply in relation 
to a financial penalty imposed under regulation 10.  
48.  Despite the omission by these Regulations of the d efinitions “code of practice”, “Codes 
Regulations” and “specified criteria” in regulation  2 of the Copyright and Rights in Performances 
(Extended Collective Licensing) Regulations 2014 th ose definitions shall continue to apply for the 
purposes of regulation 10(2)(g), 11(1)(c) and 14(2) (c) of those Regulations. 
49.  Despite the revocation by these Regulations of reg ulation 10(2)(g) and 11(1)(c) of the 
Copyright and Rights in Performances (Extended Coll ective Licensing) Regulations 2014, those 
sub-paragraphs shall continue to have effect in rel ation to a report to which they apply which has 
been produced. 
50.  Despite the revocation by these Regulations of reg ulation 14(2)(c) of the Copyright and 
Rights in Performances (Extended Collective Licensi ng) Regulations 2014 that sub-paragraph 
shall continue to apply in relation to a failure to  comply which occurred before the date on which 
these Regulations come into force.  32 Review 
51. —(1) The Secretary of State must from time to time—  
(a)  carry out of review of these Regulations; 
(b)  set out the conclusions of the review in a report; and 
(c)  publish the report. 
(2)  In carrying out the review the Secretary of State m ust, so far as is reasonable, have regard to 
how Directive 2014/26/EU of 26 February 2014( a) (which is implemented by means of these 
Regulations) is implemented in other member States.  
(3)  The report must in particular— 
(a)  set out the objectives to be achieved by the regula tory system established by these 
Regulations; 
(b)  assess the extent to which those objectives are ach ieved; and 
(c)  assess whether those objectives remain appropriate and, if so, the extent to which they 
could be achieved with a system that imposes less r egulation. 
(4)  The first report under this regulation must be publ ished before the end of the period of five 
years beginning with the day on which this regulati on comes into force. 
(5)  Reports under this regulation are afterwards to be published at intervals not exceeding five 
years. 
 
 Baroness Neville-Rolfe  
 Parliamentary Under Secretary of State and Ministe r for Intellectual Property 
24th February 2016 Department for Business Innovati on and Skills 
                                                                                                                                            
(a) OJ No.L.84, 20.3.2014 p.72.  33 EXPLANATORY NOTE 
(This note is not part of the Regulations) 
These Regulations implement Directive 2014/26/EU of  the European Parliament and of the 
Council of 26 February 2014 (OJ No. L.84, 20.3.2014 , p.72). 
Part 2 imposes certain requirements on collective m anagement organisations, independent 
management entities, members and users. The require ments relate to matters such as the internal 
organisation of collective management organisations , matters which they must make public, their 
conduct in relation to right holders and users and other collective management organisations and 
negotiations between them and users. 
Part 3 imposes requirements on collective managemen t organisations in relation to the multi-
territorial licensing of online rights in musical w orks. The obligations relate to matters such as 
collective management organisations’ capacity, info rmation which must be given by them and 
their conduct. 
Part 4 contains requirements as to the dispute reso lution procedures that collective management 
organisations must make available as well as provis ions relating to how compliance with the 
regulations is monitored and enforced. 
Part 5 revokes the Copyright (Regulation of Relevan t Licensing Bodies) Regulations 2014 (S.I. 
2014/898) which are superseded by these Regulations  and makes certain other amendments which 
result from that revocation and other provisions of  these Regulations. 
A transposition note and an impact assessment of th e effect that this instrument will have on the 
costs of business and the voluntary sector can be o btained from the Intellectual Property Office, 
Concept House, Cardiff Road, Newport NP10 8QQ and a re available with the explanatory 
memorandum alongside this instrument on the Legisla tion UK website at www.legislation.gov.uk. 
Copies have also been placed in the libraries of bo th Houses of Parliament. 
  
  
© Crown copyright 2016 
Printed and published in the UK by The Stationery O ffice Limited under the authority and superintenden ce of Carol Tullo, 
Controller of Her Majesty’s Stationery Office and Q ueen’s Printer of Acts of Parliament.   
UK2016022415   03/2016   19585 
http://www.legislation.gov.uk/id/uksi/2016/221  STATUTORY INSTRUMENT S 
2016 No. 221  
COPYRIGHT  
 
The Collective Management of Copyright (EU Directive) 
Regulations 2016  
  
ISBN 978- 0-11-114413- 8 
 
CORRECTION  
Page 4, regulation 2(1), in the definition of “representation agreement”, line 4: “…regulation 
28…” s hould read “…regulations 28…”;  
 Page 4, regulation 2(2): “…Part 2…” should read “…Parts 2…”;  
 Page 5, regulation 4(e), line three: “…under regulation 11…” should read “…under regulations 
11…”;  
 
Page 5, regulation 4(i), line two: “…under paragraph (a)…” should read “…under paragraphs 
(a)…”;  
 
Page 6, regulation 7(1) (d), line one: “…with regulation 10…” should read “…with regulations 
10…”;  
 
Page 7, regulation 7(1) (d)(viii)(cc): omit the semi -colon after “and”;  
 Page 7, regulation 7(4)(a)(ii): omit the semi -colon after “and”;  
 
Page 8, regulation 7(6)(b)(ii): “…subparagraphs…” should read “…sub- paragraphs…”;  
 
Page 9, regulation 7(10)(d)(ii): insert a semi -colon at the end of the provision;  
 
Page 9, regulation 7(11)(c), line one: “…sub paragraph…” should read “sub- paragraph…”;  
 Page 9, regulation 7(11)(c) , line one: “…paragraph (4)”…” should read “…paragraph (4))”…”;  
 
Page 9, regulation 7(11)(e)(ii), last line : omit the semi -colon after “and”;  
 
Page 10, regulation 8(2)(c), last line: omit the semi -colon after “and”;  
 Page 11, regulation 10(c), last line: omit the semi -colon after “and”;  
 
Page 14, regulation 15(4)(b), last line: omit the semi -colon after “and”;  
 Page 16, regulation 19(1)(a), last line: omit the semi -colon after “and”;  Page 19, regulation 21(4)(j), la st line: omit the semi -colon after “and”;  
 
Page 22, regulation 26(6): “…paragraph (7)…” should read “…paragraphs (7)…”;  
 Page 23, regulation 27(3)(a), last line: omit the semi -colon after “and”;  
 
Page 24, regulation 29(1)(b), line three: “…subparagraph…”  should read “…sub- paragraph…”;  
 Page 25, regulation 30(3), last line: omit the semi -colon after “and”;  
 
Page 26, regulation 32(3)(a), line one: “…regulation 15…” should read “…regulations 15…”;  
 Page 26, regulation 32(3)(b), line one: “…regulation 24…” should read “…regulations 24…”;  
 
Page 26, regulation 32(3)(c): “…regulation 24…” should read “…regulations 24…”;  
 Page 29, regulation 39(3): “…regulation 37…” should read “…regulation 38…”;  
 Page 29, regulation 42(1)(b)(ii): insert a semi -colon after “…recorde d”; 
 
Page 30, regulation 46(1): insert a space between “(1)” and “The”;  
 
Page 31, regulation 46(7): “…(revocation on…” should read “…(revocation of…”;  
 
Page 31, regulation 47, line one: “…the repeal…”  should read “…the revocation…”; and  
 
Page 31, regulation 49, line one: “…regulation 10(2)(g)…” should read “…regulations 
10(2)(g)…”.  
 
 
June 2016  
 
PRINTED IN THE UNITED KINGDOM BY THE STATIONERY OFFICE LIMITED  
under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office   
and Queen’s Printer of Acts of Parliament