Regulation 28 Agreements between collective management organisations for multi-territorial licensing

(1)

A collective management organisation (“the mandating collective management organisation”) must—

(a)

ensure that a representation agreement under which the organisation mandates another collective management organisation (“the mandated collective 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 contractual arrangement,

of the main terms of that agreement including its duration and the costs of the services provided by the mandated collective management organisation.

(2)

The mandated collective management organisation must—

(a)

manage the online rights referred to in paragraph (1) on a non-discriminatory basis; and

(b)

inform the mandating collective management organisation of the main terms according to which the mandating collective management organisation's online rights are to be licensed including—

(i)

the nature of the exploitation;

(ii)

all provisions which relate to or affect the licence fee;

(iii)

the duration of the licence;

(iv)

the accounting periods; and

(v)

the territories covered.