Regulation 31 Complaints procedure

(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 contractual arrangement,

(c)

collective management organisations on whose behalf it manages rights under representation agreement, and

(d)

users,

effective and timely procedures for dealing with complaints.

(2)

The matters covered by the procedures for dealing with 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 collective management organisation is a F1company that qualifies as a micro-entity under section 384A of the Companies Act 2006.

Annotations

Textual amendments

F1: Words in reg. 31(4) substituted (1.1.2024) by The Design Right, Artist’s Resale Right and Copyright (Amendment) Regulations 2023 (S.I. 2023/1285), regs. 1(2), 7(3)