COPYRIGHT
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Interpretation: what is a collective management organisation (CMO) and who are its members; what is a tariff scheme
459.—(1) In this Part, a person (X) is a “collective management organisation” or “CMO” if—
- (a) X is in the business of collectively managing the use of copyright works or protected performances (or both), including—
- (i) negotiating the terms of use;
- (ii) granting permission for the use;
- (iii) administering any terms of use; and
- (iv) collecting and distributing royalties or any other payment for the use;
- (b) those works or performances—
- (i) are made or given by different authors, makers, publishers or performers; and
- (ii) are not made or given by those authors, makers, publishers or performers—
- (A) as employees of X or a prescribed related person; or
- (B) under a commission from X or a prescribed related person;
- (c) X manages those works or performances—
- (i) as the rights owner or with the authority of the rights owners; and
- (ii) for the collective benefit of—
- (A) those authors, makers, publishers or performers; or
- (B) the rights owners of those works or performances (but not including X);
- (d) X formulates or operates one or more schemes (however named) setting out—
