Page:Copyright Act 2021.pdf/298

Rh 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—