Licence fee for an orphan licence10

1

Subject to paragraph (2), on the grant of an orphan licence the authorising body—

a

shall charge the orphan licensee a reasonable licence fee for the period of the licence calculated with regard to relevant factors which shall include the level of licence fees which are achieved under licences for a similar use of similar relevant works which are not orphan works; and

b

may charge a reasonable additional amount in respect of the costs of the authorising body.

2

The authorising body shall—

a

hold all licence fees paid under this regulation in a designated account;

b

adopt accounting procedures that ring-fence in a separate account for monies received from orphan licences; and

c

retain unclaimed licence fees for a period of not less than eight years from the date of the grant of the relevant orphan licence.

3

The authorising body shall maintain and make available information that sets out, in respect of the orphan licences it grants, how the licence fee is calculated.