The Copyright Tribunal Rules 1989

Application to settle terms of licence as of right

Commencement of proceedings (Form 13)

31.  Proceedings in relation to an application by a person requiring a licence in the circumstances described in section 144(4) of the Act shall be commenced by the service on the Secretary by the applicant of a notice in Form 13 with a statement of the terms required and the reasons for the same, and he shall serve a copy of the same on the copyright owner.

Procedure, and decision of Tribunal

32.—(1) Within 21 days of the service of the notice under rule 31, the copyright owner may serve on the Secretary his written answer setting out the grounds of his objection and the terms of the licence which he considers the Tribunal should settle, and shall serve a copy of the same on the applicant and inform the Secretary of the date of such service.

(2) Rules 10 to 16 shall apply to proceedings in respect of an application under rule 31 as they apply to proceedings in respect of an application under rule 3.

(3) The final decision of the Tribunal on an application under rule 31 shall be given in writing and shall include a statement of the Tribunal’s reasons, and the Secretary shall as soon as practicable serve on every party to the proceedings a copy of the Tribunal’s decision. Rule 18 shall apply with regard to the publication of the decision.

Intervener’s application (Forms 5 & 6)

33.  A person or organisation who claims to have a substantial interest in proceedings in respect of an application under rule 31 may, in accordance with rule 23, apply to the Tribunal to be made a party and that rule shall apply to proceedings in respect of such an application as it applies to proceedings in respect of an application under rule 20.