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Copyright and Related Rights Act 2000
Certification of licensing schemes.
173.—(1) A person operating or proposing to operate a licensing scheme may apply to the Minister to certify the scheme for the purposes of section 56 F95[, 57C] or 172.
(2) The Minister may by order certify a licensing scheme where he or she is satisfied that—
(a) the licensing body in charge of the scheme is representative of a substantial number of rightsholders in the category of works to which the scheme is designed to apply, and
(b) the scheme sets out clearly the charges payable and the other terms and conditions on which licences are to be granted.
(3) The scheme shall be set out in an order made under subsection (2) and the certification shall come into operation for the purposes of section 56 F95[, 57C] or 172 as the case may be—
(a) on a date, specified in the order, not less than 8 weeks after the order is made, or
(b) where the scheme is the subject of a reference under section 151, on any later date on which the order of the Controller under that section comes into force, or the reference is withdrawn.
(4) A variation of the scheme to which this section applies is not effective unless a corresponding amendment of the order is made and the Minister shall make such an amendment in the case of a variation ordered by the Controller on a reference under section 151, 152 or 153 and may do so in any other case where the Minister thinks fit.
(5) An order made under subsection (2) shall be revoked where the scheme ceases to operate and may be revoked where it appears to the Minister that the scheme is no longer being operated in accordance with the terms of the order.
Annotations
Amendments:
F95
Substituted (2.12.2019) by Copyright and Other Intellectual Property Law Provisions Act 2019 (19/2019), s. 28(a), (b), S.I. No. 586 of 2019.
Editorial Notes:
E22
Power pursuant to subs. (2) exercised (30.07.2020, 25.09.2020) by Copyright and Related Rights (Certification of Licensing Scheme for Further Education Providers) (The Irish Copyright Licensing Agency Limited) Order 2020 (S.I. No. 278 of 2020), in operation for purposes of s. 57C certification as per art. 4.
E23
Power pursuant to subs. (2) exercised (30.07.2020, 25.09.2020) by Copyright and Related Rights (Certification of Licensing Scheme For Higher Education Institutions) (The Irish Copyright Licensing Agency Limited) Order 2020 (S.I. No. 277 of 2020), in operation for purposes of s. 57C certification as per art. 4.
E24
Power pursuant to subs. (2) exercised (30.07.2020, 25.09.2020) by Copyright and Related Rights (Certification of Licensing Scheme for Post-Primary Schools) (The Irish Copyright Licensing Agency Limited) Order 2020 (S.I. No. 276 of 2020), in operation for purposes of s. 57C certification as per art. 4.
E25
Power pursuant to subs. (2) exercised (30.07.2020, 25.09.2020) by Copyright and Related Rights (Certification of Licensing Scheme for Primary Schools) (The Irish Copyright Licensing Agency Limited) Order 2020 (S.I. No. 275 of 2020), in operation for purposes of s. 57C certification as per art. 4.
E26
Previous affecting provision: power pursuant to section exercised (12.11.2002) by Copyright and Related Rights (Certification of Licensing Scheme For Reprographic Copying by Educational Establishments) (The Irish Copyright Licensing Agency Limited) Order 2002 (S.I. No. 514 of 2002); revoked (30.07.2020) by Copyright and Related Rights (Certification of Licensing Scheme for Further Education Providers) (The Irish Copyright Licensing Agency Limited) Order 2020 (S.I. No. 278 of 2020), art. 5.