References and Applications Relating to Licensing Schemes

Copyright licensing societies -also known as collective management organisations (CMO's),  - act on behalf of their members in the negotiating or granting of copyright licences. These copyright licenses authorise the terms of use of a work of more than one copyright owner. In broad terms, the principle role of the Controller is to decide, where the parties cannot agree between themselves, the terms and conditions of licences offered by, or licensing schemes operated by, collective licensing bodies in the copyright and related rights area. This is laid down in the Copyright and Related Rights Act, 2000 (No. 28 of 2000).  In addition, the terms of a licensing scheme proposed to be operated by a licensing body may be referred to the Controller for determination, by an organisation which claims to be representative of persons who claim that they require licences.  Anyone who considers that they have unreasonably been refused a licence by a collecting society or considers the terms of an offered licence to be unreasonable may also refer the matter to the Controller.

The Controller's statutory responsibilities in relation to references and applications relating to copyright licensing schemes are set out in Chapter 16 of the Copyright and Related Rights Act 2000 and in particular in Sections 149 to 166.

The Copyright and Related Rights (Proceedings before the Controller) Rules 2009  set out the procedures to be observed and the fees payable in relation to proceedings and the making of references to the Controller under the Copyright and Related Rights Act 2000 (No. 28 of 2000). 

There is no prescribed form which should be used when making a reference.  However Rule 4 of the Proceedings Rules states that a petitioner who makes a reference or application to the Controller shall furnish the following items to the Controller, and he or she shall not consider an application or reference as having been made to him or her unless he or she is duly furnished with those items:

(a) the name and address of the petitioner;

(b) the name and address of the respondent;

(c) original and one copy of a signed statement (in these Rules referred to as a “statement”) which contains a reference to

(i) the section of the Act pursuant to which the reference or application is being made,

(ii) the material facts on which the petitioner relies in making the reference or application, and

(iii) the relief sought;

(d) original and one copy of each of the documents mentioned in Schedule 2 of the Rules as the context requires;

(e) the fee payable in respect of the reference or application.

Fees SCHEDULE 1

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