Download the full outcome
Detail of outcome
As a result of the technical review process, the government intends to amend the secondary legislation to take account of certain issues raised by stakeholders. These include:
An increase in the amount of time available to collecting societies to submit a revised code of practice in Regulation 4 from 28 days to 49 days - an increase of three full weeks.
Flexibility for the Secretary of State to issue a direction that requires only the non-compliant part(s) of a code to be corrected rather than requiring a collecting society to submit a completely new code of practice. This should help to put in place a revised code of practice much more quickly.
These amendments are being scrutinised in a revised draft currently before the UK Parliament’s Joint Committee on Statutory Instruments.
The government intends to publish the final Regulations, Explanatory Memorandum and Impact Assessment when they are laid before Parliament in early 2014.
Detail of feedback received
The government received 18 responses from interested parties. The responses, with the exception of two confidential submissions, have been published and are listed in alphabetical order. Signatures, personal telephone numbers and email addresses have been redacted for information security purposes.
Some of the submissions to the consultation contain links to other websites. The Intellectual Property Office neither endorses nor guarantees in any way the external organizations, services, views, advice, or products included in those website links. Further, the Intellectual Property Office neither controls nor guarantees the accuracy, relevance, timeliness, or completeness of the information contained in non-government website links.
The government’s policy intention is to strengthen confidence in the operation of collecting societies in support of these benefits. As such, it has taken a power in the Enterprise and Regulatory Reform Act that requires collecting societies to self-regulate in the first instance. The power also allows the government to make secondary legislation to remedy and, where warranted, penalise gaps in self-regulation.
The draft secondary legislation to achieve this, to be known as The Copyright (Regulation of Relevant Licensing Bodies) Regulations 2014, is the subject of this consultation.
Given the extensive formal consultation on the policy and discussions about it, including in the Codes Working Group, respondents are invited to submit substantive comments on the legal effectiveness of the regulations only. The policy is out of scope of this consultation.
This consultation is aimed at all interested parties across all sectors including: collecting societies, authors and creators, small businesses, voluntary organisations, libraries and universities.