Copyright, Designs and Patents Act 1988, section 126

Reference to tribunal of expiring licence

Part I Copyright

(1)A licensee under a licence which is due to expire, by effluxion of time or as a result of notice given by the licensing body, may apply to the Copyright Tribunal on the ground that it is unreasonable in the circumstances that the licence should cease to be in force.

(2)Such an application may not be made until the last three months before the licence is due to expire.

(3)A licence in respect of which a reference has been made to the Tribunal shall remain in operation until proceedings on the reference are concluded.

(4)If the Tribunal finds the application well-founded, it shall make an order declaring that the licensee shall continue to be entitled to the benefit of the licence on such terms as the Tribunal may determine to be reasonable in the circumstances.

(5)An order of the Tribunal under this section may be made so as to be in force indefinitely or for such period as the Tribunal may determine.

Definitions used in section 126 2

licensing body

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

(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 author , 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 2016 .

Defined in s.116(2) · 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

Cases considering section 126 4

CSC Media Group Ltd v Video Performance Ltd

[2011] EWCA Civ 650 · 27 May 2011

Applies: a licensee under an expiring copyright licence may apply for continuation where it would be unreasonable for the licence to cease. This supplied the statutory route for the application in this case (see para [2]). Applies: once a reference concerning a licence has been made to the Tribunal, the licence remains in operation until the proceedings conclude (see para [9]). Applies: if the application is well-founded, the Tribunal must continue the licensee’s entitlement on terms it determines to be reasonable in the circumstances. This was the substantive standard for the royalty determination (see paras [2], [74]).

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

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

Applies the territorial limit on section 124 to applications concerning expiring licences. The Tribunal could not set terms for foreign copyrights, but could in some circumstances address a commercially indivisible licence predominantly concerned with UK copyright. (see paras [95]-[115])

CSC Media Group Ltd v Video Performance Ltd

[2010] EWHC 2094 (Ch) · 10 August 2010

Interprets the Tribunal’s jurisdiction to continue a licence and determine reasonable terms following an application by a licensee. The provision supplied the statutory basis for the reference and the Tribunal’s order. Applies the rule that a licence referred to the Tribunal remains in operation until the reference proceedings conclude. The continued licensing arrangement was described as arising under this provision (see para [4]).

What each judgment says about section 126 is in the case-law panel in the full Act.