PART 3Multi-territorial Licensing and Collective Management Organisations

Accuracy of multi-territorial repertoire information25

1

A collective management organisation which grants multi-territorial licences for online rights in musical works must have in place arrangements to enable—

a

a right holder,

b

another collective management organisation, and

c

an online service provider,

to request a correction of the data referred to in paragraph (3) of regulation 23 (capacity to process) or the information referred to in paragraph (1) of regulation 24 (transparency) where a person referred to in sub-paragraphs (a) to (c) believes on the basis of reasonable evidence that the information or data is inaccurate in respect of their online rights in musical works.

2

Where a claim under paragraph (1) is sufficiently substantiated the collective management organisation must correct the information without undue delay.

3

A collective management organisation must provide—

a

right holders whose musical works are included in its own music repertoire, and

b

right holders who have entrusted the management of their online rights in musical works to it in accordance with regulation 30 (access to multi-territorial licensing),

with the means of submitting to it in electronic form information concerning their musical works, their rights in those works and the territories in respect of which the right holders authorise the organisation.

4

When information is submitted in accordance with paragraph (3), the collective management organisation and the right holder must take into account, as far as possible, voluntary industry standards or practices regarding the exchange of data developed at international level or at the level of the European Union allowing right holders to specify—

a

the musical work, wholly or in part;

b

the online rights, wholly or in part; and

c

the territories in respect of which they authorise the organisation.

5

A collective management organisation which has been mandated by another collective management organisation (“the mandating collective management organisation”) to grant multi-territorial licences for online rights in musical works under—

a

regulation 28 (agreements between collective management organisations), or

b

regulation 29 (representation of collective management organisations),

must comply with paragraph (3) with respect to the right holders whose musical works are included in the repertoire of the mandating collective management organisation unless the collective management organisations agree otherwise.