Copyright, Database Rights and Rights in Performances

Copyright Tribunal

John Lambert
Sep 2002
Last updated 7 Feb 2006

History
S.23 (1) of the Copyright Act 1956 established the Performing Rights Tribunal to determine disputes between licensing bodies and persons requiring licences or their representative organizations. The tribunal was re-named the Copyright Tribunal by s.145 (1) of the Copyright Designs and Patents Act 1988 ("CPDA").

Jurisdiction
S.149 (1) of the CDPA conferred jurisdiction on the tribunal to hear and determine proceedings relating to:

	references of licensing schemes under s.118 to s.120 of the CDPA;
	applications with respect to entitlement to a licence in respect of works of more than one author under a licensing scheme under s. 121 and s.122;
	applications or references relating to licences in respect of such works granted by licensing bodies otherwise than pursuant to a licensing scheme under s.125, s.126 or s.127;
	applications for licences to include artistic, dramatic, literary or musical works, films or sound recordings in re-transmissions under s.134 CDPA as amended by Sched. 21 of the Broadcasting Act 1990 and Sched. 9, para. 2 of the Broadcasting Act 1996;
	settlement of terms upon which sound recordings may be included within broadcasts or cable programmes under s.135A to s135H;
	appeals against orders extending educational reprographic licences or licensing schemes under s.139;
	applications to settle royalties or other sums for lending payable under statutory licences ordered under s.142 CDPA as amended by reg. 13 (2) of the Copyright and Related Rights Regulations 1996; and
	settling terms of licences of right pursuant to s.144 (4).

The tribunal also fixes royalties for reception and re-transmission of broadcasts in cable programme services pursuant to s.73 (4) of the CDPA as amended by Sched. 9 para 1 of the Broadcasting Act 1996 and the rate of equitable remuneration under s.93C as amended by reg. 14 (1) of the Copyright and Related Rights Regulations 1996.

Database Rights
Reg. 25 (1) of The Copyright and Rights in Databases Regulations 1997 confers jurisdiction on the tribunal to hear and determine proceedings under the licensing provisions of the regulation set out in Schedule 2. The provisions of the CDPA governing the tribunal apply in relation to the exercise of database rights licensing jurisdiction as they do to copyright licensing.

Performers' Rights
S.182D (4) and (5) of the CDPA as amended by reg. 20 (2) of the Copyright and Related Rights Regulations 1996 confers jurisdiction on the tribunal to fix the amount payable to performers by way of equitable remuneration and vary any amount previously agreed or fixed by the tribunal.

Membership
The tribunal consists of a chairman and 2 deputy chairmen appointed by the Lord Chancellor, after consultation with the Lord Advocate, and not less than 2 or more than 8 ordinary members appointed by the Secretary of State (s.145 (2)). The chairman and deputy chairmen must be legally qualified. The present chairman is Christopher Tootal (a distinguished solicitor) and his deputies are well-known practitioners of the patent bar. The tribunal sits in panels consisting of the chairman or a deputy chairman and 2 or more ordinary members (s.148 (1)).

Procedure
The Lord Chancellor has power to make rules for the tribunal after consultation with the Lord Advocate pursuant to s.150 (1) of the CDPA. Those rules may apply any of the provisions of Part I of the Arbitration Act 1996. The present rules are The Copyright Tribunal Rules 1989 and The Copyright Tribunal (Amendment) Rules 1991 though these are currently under review. These rules are supplemented by a Practice Direction first issued in 1995 and subsequently amended. The tribunal has power under s.151 of the CDPA to order that the costs of a party to proceedings before be paid by such other party as it may direct. The tribunal may tax or settle the amount of the costs, or direct in what manner they are to be taxed.

Appeals
Appeals lie to the High Court on points of law pursuant to of the CDPA or to the Court of Session in Scotland..
 

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