What is the Copyright Tribunal and what does it do?

What is the Copyright Tribunal?

The Copyright Tribunal (previously known as the Performing Right Tribunal) consists of a Chairman and two deputy Chairmen who are appointed by the Lord Chancellor and must be experienced lawyers and between two and eight members who are appointed by the Secretary of State.

What does the Copyright Tribunal do?

The Copyright Tribunal hears and determines disputes relating to the collective licensing of copyright works and certain other matters. It also has the power to hear and determine disputes relating to performance rights and database rights.

The jurisdiction of the Copyright Tribunal is set out in sections 149, 205B and schedule 6 of the Copyright, Designs and Patents Act 1988, as amended.

Specifically the Copyright Tribunal hears and determines disputes relating to the following matters:

  • royalty or other remuneration to be paid in relation to re-transmission of broadcasts which include copyright work;

  • equitable remuneration where a rental right is transferred;

  • licensing schemes;

  • applications relating to licences under licensing schemes;

  • references and applications relating to licensing by a licensing body;

  • references by the Secretary of State relating to proposed licenses and licensing schemes for excepted sound recordings;

  • applications and references relating to use as of right of sound recordings in broadcasts;

  • appeals relating to coverage of licensing schemes and licences;

  • applications to settle royalty and sums payable for the lending of certain works;

  • applications to settle terms of copyright licences available as of right.

The Copyright Tribunal also has the following powers:

  • to settle the royalty in relation to revived copyright;

  • to determine the royalty or other remuneration to be paid to the trustees for the Hospital for Sick Children situated at Great Ormond Street arising out of any public performance of Sir James Matthew Barrie’s work known as “Peter Pan”;

  • to settle the terms of payment for licences of right in programme listings;

  • to hear and determine disputes relating to performances;

  • to hear and determine disputes relating to database rights.