- ARRANGEMENT OF REGULATIONS
- Citation
- Interpretation
- Commencement of proceedings under sections 87, 88 and 89 of the Act
- Determination by Tribunal as to whether to entertain reference
- Application to be joined as a party
- Written response by operator of scheme or intervener
- Amendment of statement of case and answer
- Settlement of preliminary matters
- Consolidation of proceedings
- Procedure and evidence at hearing
- Reprensetnation and rights of audience
- Withdrawal of reference or application
- Decsion of Tribunal
- Order under section 87 or 88 of the Act
- Commencement of proceedings under section 90 of the Act
- Application for special leave to review order
- Application for review of an order
- Commencement of proceedings under section 94 of the Act
- Proceedings re the grant of renewal of licences
- Applicationfor special leave to review order
- Application for review of an order under section 96 of the Act
- Order of Tribunal upon a review
- Commencement of proceedings under section 99 of the Act
- Review by Tribunal of an order made under section 77 of the Act
- Commencement of proceedings under section 126 of the Act
- General consideration re validity of claim
- Notice of appeal
- Application for suspension of order
- Intervener's application
- Effect of suspension of order
- Direction for dispensing with sevice
- Extension of time limits
- Failure to comply with directions
- Inspection of orders by public
- Fees.
- Power of Tribunal to regulate procedure
- FIRST SCHEDULE
- SECOND SCHEDULE Fees
F1 Copyright Tribunal CAP. 300 Regulations, 2004
COPYRIGHT TRIBUNAL REGULATIONS, 2004 REGULATION References and applications with respect to licensing schemes THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados
CAP. 300 Copyright Tribunal F2 Regulations, 2004
REGULATION Application to settle the royalty or other sum payable Application for Tribunal's consent on behalf of performer Appeal to the Court from decision of Tribunal and suspension of Tribunal's orders. Miscellaneous and general F3 Copyright Tribunal CAP. 300 Regulations, 2004
REGULATION FIRST SCHEDULE
SECOND SCHEDULE
THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados
CAP. 300 Copyright Tribunal F4 Regulations, 2004
F5 Copyright Tribunal CAP. 300 Regulations, 2004
regs.1-2
COPYRIGHT TRIBUNALREGULATIONS, 2004 2004/83.
Authority: These Regulations were made on 23rd June, 2004 by the Minister under sections 103 and 148 of the Copyright Act.
Commencement: 8th July, 2004. tion.
"applicant" means a person or organisation that has referred a matter or made an application to the Tribunal;
"Chairman" means the person so designated by the members of the Tribunal;
"Form" means form set out in the First Schedule; First
Schedule.
"intervener" means a person or organisation who has applied under regulation 5 or 29 to be joined as a party to the proceedings;
"organisation" means an organisation that claims to be representative of persons claiming that they require licences in cases of a description to which a licensing scheme would apply, either generally or in relation to any description of case;
"proceedings" means proceedings in respect of a reference or an application before the Tribunal;
"secretary" means the person appointed to perform the secretarial duties for and on behalf of the Tribunal; and
"Tribunal" means the Copyright Tribunal.
THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados
CAP. 300 Copyright Tribunal F6 Regulations, 2004
regs.3-4
(2) The parties to any proceeding respecting a reference or application under the Act shall be References and applications with respect to licensing schemes
Commence-3. (1) Proceedings in relation to a reference or an application with
ment of
respect to a licensing scheme shall be commenced by the service on the
proceedings
under secretary by the applicant of a notice in Form 1, in the case of a reference sections 87, under section 87 or 88 of the Act, together with a statement of the
88 and 89
applicant's case.
of the Act. Form 1.
(2) Within 14 days after receipt of the notice referred to in paragraph (1) the secretary shall serve a copy of the notice, together with a copy of the applicant's statement, on the operator of the licensing scheme named in the notice.
Determina-4. (1) Where a reference is made to it under section 87 or 88 of the
tion by
Act, the Tribunal shall, as soon as practicable after the receipt of the
Tribunal as
to whether applicant's notice, decide whether to entertain the reference and shall notify
to entertain
the applicant of its decision.
reference.
(2) The Tribunal shall not make a decision to entertain a reference under section 87, 88 or 89 of the Act unless it is reasonably satisfied, where the applicant is an organisation, that the organisation is representative of the class it claims to represent.
F7 Copyright Tribunal CAP. 300 Regulations, 2004
reg.5 5. (1) A person or organisation that desires to be joined as a Application
to be joined
party to proceedings before the Tribunal shall apply to the Tribunal to
as a party.
be so joined. THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados
CAP. 300 Copyright Tribunal F8 Regulations, 2004
regs.6-9
Written 6. (1) The operator of the licensing scheme shall, within 28 days
response by
of the service on him of a copy of the applicant's statement of case in
operator of
scheme or accordance with regulation 3(2), serve on the secretary a written
intervener.
answer to the applicant's statement setting out his case. Amend-7. (1) Subject to paragraph (3), a party may at any time before
ment of
the commencement of the proceedings amend his statement of case
statement
of case and or answer by serving on the secretary the amended statement or
answer.
answer. Settlement 8. Upon the expiration of the time specified by regulation 6(1) for
of prelimi
the service on the secretary of a statement of case or answer, the
nary
matters. Chairman shall notify each party to the proceedings of the date appointed for the settlement of preliminary matters prior to the conduct of the proceedings.
Consolida-9. Where there is pending before the Tribunal more than one
tion of
reference under section 87 or 88 of the Act relating to the same
proceed
ings. licensing scheme, the Chairman may if he thinks fit, either of his own motion or on an application made by a party to the proceedings, order that some or all the references or applications, as the case may be, shall be considered together.
F9 Copyright Tribunal CAP. 300 Regulations, 2004
regs.10-12
10. (1) Every party to a proceeding before the Tribunal shall be Procedure entitled to attend the hearing, to address the Tribunal, to give evidence and
evidence at
and call witnesses. hearing. 11. (1) A party to proceedings before the Tribunal may appear on Representa
tion and
his own behalf or may be represented by his attorney-at-law or an
rights ofagent. audience. 12. (1) An applicant may withdraw his reference or application Withdrawal
of reference
at any time before it has been finally disposed of by giving notice, in
or applica-
Form 3, of the withdrawal to the Tribunal. tion.
Form 3. THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados
CAP. 300 Copyright Tribunal F10 Regulations, 2004
regs.13-16
Decision of 13. (1) The Tribunal, at the conclusion of a hearing, shall make
Tribunal.
an order respecting the reference or application made to it, and shall include a statement of the reasons for the decision.
Order under 14. An order made in respect of a reference under section 87 or 88
section 87
of the Act
or 88 of the
Act. (a) may confirm the proposed scheme; Commence-15. (1) Proceedings in respect of a reference under section 90 of the
ment of
Act, regarding the failure to grant a licence or the inclusion of unreasonable
proceedings
under terms in the licence shall be commenced by the service of a notice in
section 90
Form 5.
of the Act. Form 5. Application 16. (1) A person or organisation that desires to have the Tribunal
for special
review an order made by it under section 87, 88 or 90 of the Act shall
leave to
Copyright
ARRANGEMENT OF REGULATIONS
Copyright Cap. 300.
necessary in the circumstances of the case;
newspaper published in Barbados informing of the application
and inviting any person who has grounds for objecting to the
reference being made by the applicant to submit the
objections, in writing, to the Tribunal within 30 days of the
publication of the notice.
as to the taking of any steps required or authorised under these
Regulations, or as to any further matter, as the Tribunal thinks
fit;
proceedings shall be taken by any party in connection with the
reference.