L.N. 80 of 2010
COPYRIGHT ACT (CAP. 415)
Control of the Establishment and Operation of Societies for the Collective Administration of Copyright (Amendment) Regulations, 2010
IN exercise of the powers conferred by article 59 of the Copyright Act, the Minister of Finance, the Economy and Investmenthas made the following regulations:–
Citation and 1. (1) The title of these regulations is the Control of the
commencement. Establishment and Operation of Societies for the Collective Administration of Copyright (Amendment) Regulations, 2010 andthey shall be read and construed as one with the Control of theEstablishment and Operation of Societies for the Collective
S.L. 415.01.
Administration of Copyright Regulations, hereinafter in these regulations referred to as "the principal regulations".
(2) These regulations shall be deemed to have come into forceon the 1st January, 2010.
Amends 2. Regulation 4 of the principal regulations shall be amended
regulation 4 of
as follows:
the principalregulations.
"(f) the contact details, including a postal address,fax number or e-mail address, telephone number and thelegal address if this is not the same as the postal address,for the purpose of receiving complaints or requests forinformation; and
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(g) the prescribed fee for a request for approvalof a collecting society".
3. Regulation 5 of the principal regulations shall be amendedas follows:
(a) for sub-regulation (1) thereof, there shall be substituted the following:
"(1) As soon as practicable after the receipt of a
request for the approval of a collecting society, the Board
shall:
Amends regulation 5 ofthe principalregulations.
(b) for sub-regulation (2) thereof, there shall be substituted the following:
"(2) Following the lapse of sixty days as specifiedin sub-regulation (1):
(c) immediately after sub-regulation (2) thereof, thereshall be inserted the following new sub-regulation:
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"(3) In considering any request for operation of acollecting society, the Board may call upon the collectingsociety and any person who has made an objection undersub-regulation (1)(d) for further representations, and shallprovide the collecting society with the opportunity toamend its request as deemed necessary."; and
(d) sub-regulations (3) and (4) thereof shall be
renumbered as sub-regulations (4) and (5) respectively.
4. Regulation 6 of the principal regulations shall be amendedAmends
regulation 6 of
as follows:
the principalregulations.
5. Immediately after sub-regulation (2) of regulation 9 of theAmends
regulation 9 of
principal regulations, there shall be inserted the following: the principal
regulations.
"(3) A request for information made in terms of sub-
regulations (1) and (2) shall be made either to the collecting
society directly or together with the payment of the prescribed
fee to the competent authority falling within the Ministry
responsible for intellectual property. The competent authority
will inform the Board of the request. The Board shall consider
the request and if found reasonable in terms of sub-regulation
(2), the Board shall:
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Amends regulation 13 ofthe principalregulations.
Adds Schedule to the principalregulations.
(4) The competent authorityshall cooperate with the designatedentity in accordance with article 10(3) of the Services (Internal
Cap. 500.
Market) Act to ensure that generalinformation on the requirements applicable in other Member States relating to access to, and exercise ofcollecting societies and the means orredress available in the case of a dispute concerning a recipient of theservices of a collecting society, iseasily accessible to providers and recipients.".
6. Sub-regulation (3) of regulation 13 of the principal regulations shall be amended as follows:
7. Immediately after regulation 14 of the principal regulations there shall be added the following schedule:
Fee for a request for approval of a collecting society
(Regulation 4) ............€200
Fee for submission of objection to the request or the tariffs(Regulation 5(1)(d))... €100
Fee for submission of missing documentation
(Regulation 5(1) (c))...€50
Fee for submission of a new set of tariffs
(Regulation 6).............€100
Fee for request for information
(Regulation 9(3)..... .€50".
VERŻJONI ELETTRONIKA
Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta Mitbugħ fl-Istamperija tal-Gvern fuq karta riċiklata — Printed at the Government Printing Press on recycled paper
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