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Concept
Copyright Tribunal
Summary
The Copyright Tribunal is a first-instance tribunal in the United Kingdom with jurisdiction over commercial licensing disputes.
It was established by the Copyright, Designs and Patents Act 1988. The tribunal’s jurisdiction covers the whole of the UK.
On 20 March 2008 the Innovation, Universities and Skills Committee published its Second Report of Session 2007–08, ‘The work and operation of the Copyright Tribunal [HC 245]’ which sets out the tribunal responsibilities.
In 2010 the Copyright Tribunal was listed as to be 'Abolished with Reservations' under the 2010 UK quango reforms. However, as of July 2023 it is still active.
Its principal task is adjudicating disputes between collective licensing agencies (such as the Copyright Licensing Agency) and persons (natural or legal) who consider they have been unreasonably refused a licence or offered unreasonable terms.
Collective management organisations have the authority to license copyright works and collect royalties on behalf of their members. They collect royalty payments and distribute the royalties to the copyright owners. The disputes the tribunal is asked to resolve usually relate to the terms and conditions of licences, or the refusal by a collective management organisation to provide a licence.
The tribunal does not sit often. Its last hearing was in 2021, and before that 2019.
Parties are typically represented by legal advisors and counsel at hearings. However, legal representation is not a requirement, and the tribunal may permit other representation or, except in the case of a corporation or an unincorporated body, parties may present their own cases if they wish.
Hearings of the tribunal are normally in public, and a transcript of the proceedings is usually taken.
The tribunal consists of a panel of 1 chairman and 2 deputy chairmen who are appointed by the Lord Chancellor. Up to 8 ordinary lay members are appointed by the Secretary of State for Science, Innovation, and Technology.
Official source
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