2014 No. 1457
The Public Lending Right Scheme 1982 (Commencement of Variations) Order 2014
Made
Laid before Parliament
Coming into force
The Public Lending Right Scheme 19821 (“the Scheme”) was brought into force on 14th June 1982;
The Scheme has been varied2;
The Secretary of State, after consultation with the representatives of authors and library authorities and with others who appear likely to be affected, has further varied the Scheme;
Now the Secretary of State, in exercise of the powers conferred by section 3(7) of the Public Lending Right Act 19793, makes the following Order:
Citation and interpretation1
1
This Order may be cited as the Public Lending Right Scheme 1982 (Commencement of Variations) Order 2014 and shall come into force on 1st July 2014.
2
In this Order “the Scheme” means the Public Lending Right Scheme 1982.
3
Unless the context requires otherwise expressions in this Order have the same meanings as in the Scheme and any reference in the Appendix to an article shall be a reference to the article so numbered in the Scheme.
Commencement of variations2
The variations to the Scheme which are set out in the Appendix to this Order shall come into force on 1st July 2014.
Appendix
Variations in the Public Lending Right Scheme 1982
1
In article 4—
a
at the end of sub-paragraph (1)(a)(ii) for “; or” substitute “, and” and insert the following new sub-paragraph—
iii
in relation to an audio-book, a producer or narrator thereof; or;
b
after sub-paragraph (2)(c)(ii) insert the following new sub-paragraphs—
iii
by his being named on the case with which the audio-book is sold; or;
iv
is evidenced by reference to a written contract with the publisher of the audio-book which refers expressly to his being an author within the meaning of paragraph (1).
2
In article 6(2), after “(including a paper-back edition)” insert “or an audio-book or an e-book”.
3
In article 9A—
a
in paragraphs (1), (2), (3), (4), (5) and (6), insert after the first occurrence of “book” in each of those paragraphs—
“other than an audio-book,”
4
After article 9A insert the new article—
Shares in Public Lending Right in respect of audio-books9B
1
In respect of an audio-book for which there is a writer, narrator and producer, but no editor or translator—
a
the writer’s share shall be sixty per cent of the Public Lending Right,
b
the narrator’s share shall be twenty per cent of that Right, and
c
the producer’s share shall be twenty per cent of that Right.
2
In respect of the audio-book for which there is both an editor and a translator—
a
the writer’s shall shall be thirty per cent of the Public Lending Right,
b
the narrator’s share shall be twenty per cent of that Right,
c
the producer’s share shall be twenty per cent of the Right,
d
the editor’s share shall be twelve per cent of that Right,
e
the translator’s share shall be eighteen percent of that Right.
3
In respect of an audio-book for which there is an editor, but no translator—
a
the writer’s share shall be forty-eight per cent of that Right,
b
the narrator’s share shall be twenty per cent of that Right,
c
the producer’s share shall be twenty per cent of that Right, and
d
the editor’s share shall be twelve per cent of that Right.
4
In respect of an audio-book for which there is a translator, but no editor—
a
the writer’s share shall be forty-two per cent of the Public Lending Right,
b
the narrator’s share shall be twenty per cent of that Right,
c
the producer’s share shall be twenty per cent of that Right, and
d
the translator’s share share be eighteen per cent of that Right.
5
In the case of an audio-book for which the number of writers, narrators, producers, editors or translators id greater than one (including any who are not eligible persons) the respective shares of the Public Lending Right referred to in paragraph (1) to (4) shall be divided equally.
5
In article 14A —
a
in paragraph (c) after “illustrator”, insert “or narrator or producer”;
b
in paragraph (c), for “or (5)(b)(ii)”, insert “, (5)(b)(ii) or article 9B”.
6
In articles 17(1)(c) and 17(2)(c) after “compiler”, wherever it occurs, insert “or narrator or producer”.
7
In article 39, for “to be marked” substitute “to be separately identified” and for “so marked” substitute “so identified”.
(This note is not part of the Order)