Article 6 Shares in Public Lending Right

The following new Article shall be inserted in the Scheme after Article 9:—

“Shares in Public Lending Right

9A

(1)

Subject to the following paragraphs an eligible person's registered share of Public Lending Right in respect of a book of which he is author shall be the whole of that Right or, where a book has two or more authors (including any who are not eligible persons), such share of the Public Lending Right as may be specified in accordance with Article 17(1)(c) in the application for first registration of the Right.

(2)

A translator's share of Public Lending Right in respect of a book shall be thirty per cent of that Right, or if there is more than one translator (including any who are not eligible persons), an equal share of thirty per cent, but this paragraph shall not apply where a translator is an author of the book in another capacity unless he makes an application in accordance with Article 17(1)(c)(ii).

(3)

An editor's or compiler's share of Public Lending Right in respect of a book shall be

(a)

twenty per cent of that Right, or

(b)

if he satisfies the Registrar that he has contributed more than twenty per cent of the contents of the book, the percentage equal to that percentage contribution, or

(c)

if there is more than one editor or compiler (including any who are not eligible persons), an equal share of twenty per cent or the higher percentage attributable to the editors or compilers in accordance with sub-paragraph (b).

(4)

Where a book has two or more authors (including any who are not eligible persons) and the Registrar is satisfied that one or more of them is dead or cannot be traced at the date of application, despite all reasonable steps having been taken to do so, the Public Lending Right shall be apportioned amongst all the authors equally (including any who are not eligible persons), subject to—

(a)

the prior application of paragraphs (2) and (3), and

(b)

where the book is illustrated, the attribution of twenty per cent of the Public Lending Right to the illustrator, or if there is more than one illustrator, (including any who are not eligible persons), the attribution of an equal share of twenty per cent to each illustrator.

(5)

Where paragraph 4(b) applies, an illustrator who is also an author of the book in another capacity shall, in addition to any share of Public Lending Right to which he is entitled under that sub-paragraph, be entitled to any further share of the Right which is attributable to him as author in that other capacity.

(6)

Where all the authors who are party to an application under Article 17(1)(c) and who are entitled under paragraph (4) to a share of a percentage of Public Lending Right in respect of the relevant book specify in accordance with Article 17(1)(c) that the said percentage shall be apportioned in a manner other than that provided for by paragraph (4) the specified apportionment shall apply if the Registrar is satisfied that it is reasonable in that case.”.