- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Copyright and Rights in Performances (Licensing of Orphan Works) Regulations 2014 No. 2863
6.—(1) Once the authorising body has received the information set out in regulations 4(6) and (7), it may grant an orphan licence.
(2) The authorising body may only grant an orphan licence which—
(a)permits non-exclusive use of an orphan work in the United Kingdom;
(b)permits acts restricted by the copyright or sections 182, 182A, 182B, 182C, 182CA, 183 or 184 of the Act in an orphan work for a term not exceeding 7 years;
(c)prohibits the grant of sub-licences;
(d)has effect as if granted by the right holder of the relevant work; and
(e)provides that the use of an orphan work does not affect the moral rights of an author under Chapter IV of Part 1 of the Act or the moral rights of a performer under Chapter 3 of Part 2 of the Act and treats those moral rights as having been asserted.
(3) Subject to the requirements set out in paragraph (2), the authorising body may grant a licence subject to conditions.
(4) An orphan licence may not be granted to a person authorised to grant licences.
(5) The authorising body may refuse to grant a licence—
(a)on the ground that, in its reasonable opinion, a proposed use or adaptation is not appropriate having regard to the circumstances of the case, including whether the proposed adaptation constitutes derogatory treatment of the work; or
(b)on any other reasonable ground.
(6) Subject to the requirements set out in paragraph (2), the authorising body may, during the term of a licence, vary the terms of an orphan licence.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: