Copyright, Designs and Patents Act 1988, section 116

Licensing schemes and licensing bodies

Part I Copyright

(1) In this Part a “licensing scheme” means a scheme setting out—

(a)the classes of case in which the operator of the scheme, or the person on whose behalf he acts, is willing to grant copyright licences, and

(b)the terms on which licences would be granted in those classes of case;

and for this purpose a “scheme” includes anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name.

(2) In this Chapter a “licensing body” means

[F318 (a)a society or other organisation which has as its main object, or one of its main objects, the negotiation or granting, either as owner or prospective owner of copyright or as agent for him, of copyright licences, and whose objects include the granting of licences covering works of more than one authorF318][F319 , or,

(b)any other organisation which is a collective management organisation as defined by regulation 2 of the Collective Management of Copyright (EU Directive) Regulations 2016F319] .

(3) In this section “copyright licences” means licences to do, or authorise the doing of, any of the acts restricted by copyright.

(4)References in this Chapter to licences or licensing schemes covering works of more than one author do not include licences or schemes covering only—

(a)a single collective work or collective works of which the authors are the same, or

(b)works made by, or by employees of or commissioned by, a single individual, firm, company or group of companies.

For this purpose a group of companies means a holding company and its subsidiaries, within the meaning of [F320section 1159 of the Companies Act 2006F320] .

[F321 (5)Schedule A1 confers powers to provide for the regulation of licensing bodies.F321]

Definitions used in section 116 6

prospective owner

“prospective owner” shall be construed accordingly, and includes a person who is prospectively entitled to copyright by virtue of such an agreement as is mentioned in subsection (1).

Defined in s.91(2) · see it in the full Act
author

(1) In this Part “author”, in relation to a work, means the person who creates it.

Defined in s.9(1) · see it in the full Act

“author”, in relation to a design, has the meaning given by section 2(3) and (4);

Defined in Sch.4 para.38 · see it in the full Act

(3) In this Act the “author” of a design means the person who creates it.

Defined in Sch.4 para.38 · see it in the full Act
licensing scheme

and in those paragraphs “licensing scheme” means a licensing scheme of any of those descriptions.

Defined in Sch.2A para.2 · see it in the full Act
collective work

“collective work” means—

(a)

a work of joint authorship, or

(b)

a work in which there are distinct contributions by different authors or in which works or parts of works of different authors are incorporated;

Defined in s.178 · see it in the full Act
made

(2)Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded, in writing or otherwise; and references in this Part to the time at which such a work is made are to the time at which it is so recorded.

Defined in s.3(2) · see it in the full Act
employee

“employed”, “employee”, “employer”, and “employment” refer to employment under a contract of service or of apprenticeship;

Defined in s.178 · see it in the full Act

“employee”, “employment” and “employer” refer to employment under a contract of service or of apprenticeship;

Defined in Sch.4 para.38 · see it in the full Act

Cases considering section 116 3

British Broadcasting Corporation & Anor v Mechanical-Copyright Protection Society Ltd & Ors

[2018] EWHC 2931 (Ch) · 6 November 2018Interprets

Interprets licensing schemes by reference to copyright licences. This supported the conclusion that section 117 concerned UK copyrights. (see paras [40], [58], [64]) Interprets the definition of licensing body, including the 2016 addition concerning collective management organisations. The amendment did not displace the presumption against extraterritoriality. (see paras [53]-[55], [71]-[75]) Interprets copyright licences as licences to do or authorise acts restricted by copyright. This linked the definition to the UK territorial scope of section 16(1). (see paras [40]-[46], [58], [64])

Phonographic Performance Ltd & Anor, Re Appeal of a Copyright Tribunal Decision

[2008] EWHC 2715 (Ch) · 21 November 2008Interprets

The court interprets licensing scheme as a unitary concept covering anything in the nature of a scheme or tariff setting out the classes of case and licensing terms. A delivery-system-neutral scheme is therefore considered as a whole. (see para [22])

The Newspaper Licensing Agency Ltd & Ors v Meltwater Holding BV & Ors

[2010] EWHC 3099 (Ch) · 26 November 2010Defines

Defines the NLA as a licensing body for the statutory licensing scheme framework. The provision establishes the context in which the licensing schemes were promulgated. (see para [1])

What each judgment says about section 116 is in the case-law panel in the full Act.

Amendments and notes

4 notes from legislation.gov.uk

Amendments

  1. F318Words in s. 116(2) renumbered as s. 116(2)(a) (10.4.2016) by The Collective Management of Copyright (EU Directive) Regulations 2016 (S.I. 2016/221), regs. 1, 44(a)
  2. F319S. 116(2)(b) and word inserted (10.4.2016) by The Collective Management of Copyright (EU Directive) Regulations 2016 (S.I. 2016/221), regs. 1, 44(b)
  3. F320Words in s. 116(4) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 98(a) (with art. 10)
  4. F321S. 116(5) inserted (25.4.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 77(2), 103(1)