Regulation 17 Licensing of works or rights under an Extended Collective Licensing Scheme

(1)

A relevant licensing body may only grant, under an Extended Collective Licensing Scheme, a licence in respect of a relevant work owned by a non-member right holder which—

(a)

permits non-exclusive use of the relevant work;

(b)

has effect as if granted by the right holder in the relevant work;

(c)

terminates on or before the expiration, revocation or cancellation of the authorisation of the relevant licensing body; and

(d)

in a case where a non-member right holder has excluded from the Extended Collective Licensing Scheme their rights in a relevant work, terminates on the termination date determined in accordance with regulations 16(4) and (5).

(2)

The grant of a licence in accordance with these Regulations or the doing of any act permitted by a licence, which is granted in accordance with these Regulations, does not constitute an infringement of a right holder right in a relevant work for the purposes of the Act.

(3)

A relevant licensing body must after the termination of a licence deliver to the relevant non-member right holders any payments due together with a written statement of account in relation to those payments, in accordance with its distribution policy.

(4)

A payment referred to in paragraph (3) must be made as soon as practicable, after a termination, and no later than nine months from the end of the financial year of the relevant licensing body in which the licence fee was received.

(5)

A relevant licensing body must maintain a record of the distributions of the licence fee that it has made.