On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 30/09/2002.
7.
—(1) For the purposes of section 56(1)(d) of the Act, this regulation shall apply in relation to the payment of a royalty by the manufacturer to the owner of the copyright in a musical work or musical works, other than an owner in relation to whom regulation 8 or 9 applies.
(2) Where —
(a)
the manufacturer serves notice in writing on the owner of the copyright in accordance with regulation 4; and
(b)
the owner of the copyright refuses or fails to comply with regulation 6(1) or (2) within the time specified therein,
the manufacturer may, during the period ascertained in accordance with paragraph (6), deliver to a purchaser or otherwise supply for the purpose of retail sale any record to which the notice relates without complying with regulation 6(2).
(3) The royalty payable by the manufacturer to the owner of the copyright in respect of records of the work sold or supplied by the manufacturer during the period ascertained in accordance with paragraph (6) shall be paid as provided by this regulation.
(4) The manufacturer shall pay the amount of the royalty in respect of the records of the work or works sold or supplied by the manufacturer during the period ascertained in accordance with paragraph (5) into a special account and hold the moneys in trust for the owner of the copyright.
(5) Before the expiration of 28 days after the period ascertained in accordance with paragraph (6), the manufacturer shall —
(a)
serve on the owner of the copyright a statement in writing specifying the number of records sold or supplied by the manufacturer during that period that include a musical work or musical works the copyright in which is owned by the owner (other than any records in respect of which royalties have already been paid to the owner otherwise than in pursuance of this regulation) and specifying, in relation to each such record —
(i)
the title (if any) of the musical work or of each of the musical works and a description of the work or of each of the works that is sufficient to enable the work to be identified;
(ii)
whether, in the performance of the musical work or musical works, words consisting or forming part of a literary or dramatic work in which copyright subsists are sung, or are spoken incidentally to or in association with the music;
(iii)
whether the record also includes any musical works in which copyright does not subsist and, if so, the number of those works;
(iv)
whether the record also includes any musical works the copyright in which is owned by other persons and if so, the number of those works;
(v)
the selling price to the public of the record; and
(vi)
the amount considered by the manufacturer to be the amount of the royalty payable to the owner in respect of the record and requesting instructions as to the manner of payment of the amount; and
(b)
pay to the owner of the copyright the amount of the royalties payable in respect of the records sold or supplied by the manufacturer during that period.
(6) For the purposes of paragraphs (2), (3) and (4), the period referred to, in relation to the owner of the copyright in a musical work or musical works and the manufacturer, means the period of 3 months immediately following —
(a)
the date on which the manufacturer first sells or supplies a record of the work or of any of the works; or
(b)
if the manufacturer fixes an earlier date — that earlier date.
(7) If the manufacturer takes in relation to any records the steps specified in paragraph (3), the taking of those steps shall, for the purposes of section 56(3)(b) of the Act, be deemed to constitute the payment of royalties.