Consultation outcome

Extending the benefits of collective licensing

This consultation has concluded

Download the full outcome

Government response to the technical consultation on draft secondary legislation for extended collective licensing (ECL) schemes

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Detail of outcome

As a result of the consultation process, the government intends to amend the secondary legislation to take account of certain issues raised by stakeholders. These include:

  • changing the membership consent threshold, so that the collecting society must provide evidence in its application that it has the informed consent of a substantial proportion of its voting members

  • the addition of provisions about the renewal of an authorisation and the evidence needed for it

  • additional details about the process for reviewing authorisations after renewal

  • some amendments to the opt out provisions

  • how undistributed monies will be used

These amendments are being scrutinised in a revised draft currently before the UK Parliament’s Joint Committee on Statutory Instruments (JCSI).

The government intends to publish the final Regulations and Explanatory Memorandum, and draft legal guidance, when they are laid before Parliament in summer 2014.

Feedback received

Association of Authors Agents

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Association of Illustrators

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Association of Learned & Professional Society Publishers

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Association of Photographers

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BBC

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BPI

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British Association of Picture Libraries and Agencies

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British Copyright Council

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British Film Institute

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British Library

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British Screen Advisory Council

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Copyright Licensing Agency, Authors' Licensing and Collecting Society, Publishers Licensing Society, Design & Artists Copyright Society

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Directors UK

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Editorial Photographers UK

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FOCAL

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Harry Stoneham Music Services

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International Association of Scientific Technical and Medical Publishers

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Jonathan Webb

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Libraries and Archives Copyright Alliance

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Mechanical-Copyright Protection Society

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Music Publishers Association

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Musicians’ Union

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Natural History Museum

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Open Rights Group

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PACT

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Performing Right Society

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Printed Music Licensing Limited

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Simon Chapman

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Society of London Theatre

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Stephen Dodd

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Thames and Hudson

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The National Library of Wales

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The Publishers Association

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UUK - Guild HE

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Wellcome Trust

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Detail of feedback received

We have published 35 individual responses we received in response to our consultation. There were two confidential responses.

Original consultation

Summary

We are seeking comments on the draft legislation to be known as The Copyright (Extended Collective Licensing) Regulations.

This consultation ran from
to

Consultation description

Extended Collective Licensing (ECL) is a type of licensing that allows an authorised collecting society to extend an existing collective licence so that it can license on behalf of all rights holders in the sector, except those who opt out. While traditional collective licensing relies on rights holders opting in by giving the collecting society express permission to license their works, ECL assumes that rights holders want their works to be licensed, unless they opt out.

ECL is one of the measures the government is introducing to simplify the licensing system. Along with several other measures in the Enterprise and Regulatory Reform Act 2013, it will help make copyright licensing more efficient and remove unnecessary barriers to the legitimate use of works, while preserving the interests of right holders.

This technical consultation is on the draft secondary legislation, to be known as The Copyright (Extended Collective Licensing) Regulations. The government is inviting respondents to submit substantive comments on the legal effectiveness, structure and effect 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
  • users of collective licences.

Documents

Consultation document: Extending the benefits of collective licensing

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Published 28 November 2013