Paragraph 9A Shares in Public Lending RightF1
Subject to the following paragraphs an eligible person's registered share of Public Lending Right in respect of a book F2other than an audio-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.
A translator's share of Public Lending Right in respect of a book F3other than an audio-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).
An editor's or compiler's share of Public Lending Right in respect of a book F4other than an audio-book, shall be
twenty per cent of that Right, or
if he satisfies the F5Board that he has contributed more than twenty per cent of the contents of the book, the percentage equal to that percentage contribution, or
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).
Each eligible person’s share of Public Lending Right in respect of a book F8other than an audio-book, with two or more authors (including any who are not eligible persons but disregarding a translator, editor or compiler) shall not exceed fifty per cent. of that Right unless the Board is satisfied that any share exceeding fifty per cent. which is specified in accordance with article 17(1)(c) in the application for first registration of the Right or in accordance with article 17(2) in the application for first registration of an eligible author’s share of the Right is reasonable in relation to that author’s contribution.
Where a book F9other than an audio-book, has two or more authors (including any who are not eligible persons) and the Board 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 (including any who are not eligible persons)
by attributing to each author the same share of Public Lending Right as has been attributed to that author in respect of any other book by the same authors or, if there is more than one such other book, the most recent book by those authors in respect of which Public Lending Right has been registered, if the Board is satisfied that there has been no significant change in the respective contributions of the authors;
where sub-paragraph (a) does not apply, equally, subject to
the prior application of paragraphs (2), (3) and (7), and
where the book is illustrated,
the attribution of twenty per cent of the Public Lending Right to the illustrator, or
if he satisfies the Board that he has contributed more than twenty per cent of the contents of the book, the attribution of the percentage equal to that percentage contribution, 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 or the higher percentage attributable to illustrators in accordance with sub-paragraph (bb).
Where paragraph 5(b)(ii) applies, an illustrator who is also an author of a book F10other than an audio-book, in another capacity shall, in addition to any share of Public Lending Right to which he is entitled under that F11...paragraph, be entitled to any further share of the Right which is attributable to him as author in that other capacity.
Where all the persons (including the personal representatives of a posthumously eligible person) amongst whom the Public Lending Right would otherwise be apportioned equally in accordance with paragraph (5)(b) jointly notify the Board in writing that they wish the Right to be apportioned in a manner other than equally, the apportionment specified by them shall apply if the Board is satisfied that it is reasonable in that case.
Where all the authors who are party to an application under article 17(1)(c) and who are entitled under paragraphs (2), (3), and 5(b)(ii) to a share of a percentage of Public Lending Rights 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 those paragraphs the specified apportionment shall apply if the Board is satisfied that it is reasonable in that case.
Annotations
Textual amendments
- F1
Appendix Scheme art. 9A inserted (28.12.1984) by The Public Lending Right Scheme 1982 (Amendment) Order 1984 (S.I. 1984/1847), arts. 1(1), 6
- F2
Words in Appendix Scheme art. 9A(1) inserted (1.7.2014) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 2014 (S.I. 2014/1457), art. 2, Appendix para. 3
- F3
Words in Appendix Scheme art. 9A(2) inserted (1.7.2014) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 2014 (S.I. 2014/1457), art. 2, Appendix para. 3
- F4
Words in Appendix Scheme art. 9A(3) inserted (1.7.2014) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 2014 (S.I. 2014/1457), art. 2, Appendix para. 3
- F5
Word in Appendix Scheme substituted (1.10.2013) by The Public Bodies (Abolition of the Registrar of Public Lending Right) Order 2013 (S.I. 2013/2352), art. 1(2), Sch. 2 para. 1(2)(a) (with art. 8)
- F6
Appendix Scheme art. 9A(4)-(8) substituted for Appendix Scheme art. 9A(4)-(6) (22.12.1988) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 1988 (S.I. 1988/2070), art. 2, Appendix 1 para. 7
- F7
Appendix Scheme art. 9A(4) substituted (15.7.1997) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 1997 (S.I. 1997/1576), art. 2, Appendix para. 2
- F8
Words in Appendix Scheme art. 9A(4) inserted (1.7.2014) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 2014 (S.I. 2014/1457), art. 2, Appendix para. 3
- F9
Words in Appendix Scheme art. 9A(5) inserted (1.7.2014) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 2014 (S.I. 2014/1457), art. 2, Appendix para. 3
- F10
Words in Appendix Scheme art. 9A(6) inserted (1.7.2014) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 2014 (S.I. 2014/1457), art. 2, Appendix para. 3
- F11
Word in Appendix Scheme art. 9A(6) omitted (27.12.1990) by virtue of The Public Lending Right Scheme 1982 (Commencement of Variations) Order 1990 (S.I. 1990/2360), Appendix 1, art. 2, para. 1