Guidance

How the IPO regulates licensing bodies

Updated 18 November 2019

The Intellectual Property Office (IPO) is responsible for monitoring and enforcing compliance with the Collective Management of Copyright (EU Directive) Regulations 2016 (the Regulations). This page sets out more detail about this role.

These Service Standards apply to bodies regulated by the IPO that are engaged in the collective licensing of copyright works: collective management organisations (CMOs, independent management entities (IMEs)), their right holders, and external parties (users, general public, etc.).

1. Our overarching commitment to you

We aim to be helpful, courteous and efficient with excellent customer service. These standards set out the level of service you can expect from us.

2. Information we provide

We assess compliance with the Regulations by:

• analysing Annual Transparency Reports – CMOs have an obligation to publish detailed reports on their activities (including breakdowns of their income and distributions)
• attending CMOs’ annual general meetings
• hosting working group meetings for CMOs, IMEs and right holders - to provide relevant updates and discuss emerging issues
• handling complaints and concerns relating to potential non-compliance with the Regulations

3. Reporting concerns

The IPO accepts information relating to potential breaches of the Regulations and has the authority to take enforcement action, if necessary.

When assessing a case, we need the following information:

• the name of the body you believe has failed to comply
• your relationship with that body
• a clear, detailed description of your concern, including which Regulation you believe may have been breached (if known)
• copies of any correspondence related to the issue (if applicable)
• contracts, terms and conditions or agreements (if applicable)
• any other supporting evidence

You can submit your information by email to collectiverights@ipo.gov.uk, or by post to:

Collective Rights
3rd Floor
10 Victoria Street
London
SW1H 0NB

Before raising a concern about the conduct of a licensing body, we would usually expect you to have approached the CMO or IME using its complaints procedure. This includes access to an independent alternative dispute resolution procedure.

4. What we do with your information

We will acknowledge receipt of correspondence within 15 days. Following this, we will record and review all information presented to us. The IPO is not obliged to take a particular action in response to information received, nor is it the IPO’s role to investigate or adjudicate on every individual complaint. The IPO may launch an investigation where it believes there may have been a breach of the Regulations. The IPO also has the option to take enforcement action at the end of an investigation.

The IPO does not usually publish results of specific investigations, but may do so in cases where we have taken formal enforcement action. General details of investigatory work undertaken by the IPO may be included in our published Annual Report.

The IPO treats all information received in accordance with its privacy policy.

5. Enforcement policy

Where the IPO considers that there has been a breach of the Regulations, it will make a decision on whether to exercise its enforcement powers. We will look at the following factors to assist us in reaching this decision:

• the impact of the breach on affected parties
• action taken by the non-compliant party to remedy the breach
• the likely effectiveness of any enforcement action

Whether there are other actions that could be undertaken to resolve the issue

Where the IPO decides to take enforcement action, it may:

• issue a compliance notice with specific actions to remedy a breach; or
• impose financial penalties

Please note that the IPO does not offer compensation to individuals or businesses who have been victims of a regulatory breach.

Full details of the IPO’s approach to investigations and enforcement proceedings is available.

6. Complaints

If you have a complaint about our service or would like any other information, please see the IPO’s complaints procedure. You can also contact us at CollectiveRights@ipo.gov.uk.

7. Copyright Tribunal

If a user, or potential user, is unhappy with the price and/or the terms of a licence, they may have recourse to the Copyright Tribunal. The Copyright Tribunal is an independent judicial body which regulates the pricing and terms and conditions of collective licences. The Copyright Tribunal’s primary purpose is to resolve commercial licensing disputes between licensing bodies and people who use copyright material in their business.