TABLE OF CONTENTS | ||
---|---|---|
Article | ||
Chapter A: | Interpretation | |
Definitions .................................................................... | 1 | |
Meaning ........................................................................ | 2 | |
Chapter B: | Applications | |
Application Particulars.................................................. | 3 | |
Filing of Application..................................................... | 4 | |
Respondent’s Reply ...................................................... | 5 | |
Fixing the Application Hearing Date ............................ | 6 | |
Presence at Cross-Examination..................................... | 7 | |
Order of Pleading.......................................................... | 8 | |
Proceedings in the Absence of the Parties..................... | 9 | |
Hearing Confined to Written Arguments ...................... | 10 | |
Adjournment of Hearing ............................................... | 11 | |
Decision of the Committee............................................ | 12 | |
Costs in the Application................................................ | 13 | |
Joinder of Parties........................................................... | 14 | |
Title............................................................................... | 15 |
Definitions
1. In these Regulations
“application” shall mean an application to fix the rate of royalties consequent on the use of a work;
“Committee” shall mean the Committee appointed by the Minister of justice under section 7A(d) of the Ordinance;
“draft agreement” shall mean a draft agreement as to the extent of royalties submitted o the Committee by the representative organization for authors of works of the type in question.
Meaning
2. In the absence of any other express intention to the contrary the remaining expressions in these Regulations shall bear the same meaning as these have in the Copyright Ordinance.
Application Particulars
3.—(a) These are the particulars to be included in an application:
Filing of Application
4.—(a) The application and documents annexed thereto shall be lodged with the Committee in quintuplicate.
(b) The Chairman of the Committee shall serve one copy on the respondent.
Respondent’s Reply
5.—(a) The respondent is entitled to lodge with the Committee a counter-statement of case in five copies and shall set out therein details of his opposition and the grounds thereof.
Fixing the Application Hearing Date
6. Within two months from the lodging of the application the Chairman of the Committee shall fix a date for the hearing of the application, and shall serve on the applicant and respondent not less than fifteen days’ prior notice of such date.
Presence at Cross-Examination
7.—(a) If the respondent wishes to cross-examine a person who has made a declaration as to the veracity of the facts set out in the application, he shall notify the Chairman of the Committee and the applicant thereof at least seven days prior to the date fixed for the hearing of the application.
Order of Pleading
8. Subject to what is set out in these Regulations and in section 7A of the Ordinance, the application proceedings shall be conducted as if the applicant were the plaintiff and the respondent were the defendant, and the Civil Procedure Regulations, 1963, shall apply to the proceedings with such modification as may be required according to the subject-matter.
Proceedings in the Absence of the Parties
9. In the event of parties properly summoned failing to appear before the Committee on the day fixed for hearing of the application, or the adjourned date therefor, the following provisions shall apply:
Hearing Confined to Written Arguments
10. At the hearing of the application the Committee shall not be bound by any argument or fact not set out in the application or in the counter-statement of case save where is convinced that the omission thereof did not occur by reason of the default of the applicant seeking to rely on such argument, or where the hearing of such additional argument is required to serve the interests of justice.
Adjournment of Hearing
11. The Committee is empowered to adjourn the hearing of the application, and where the hearing has commenced to adjourn the further hearing thereof if, in its view, such adjournment is required to serve the interests of justice.
Decision of the Committee
12.—(a) The Committee is empowered to arrive at a decision on a majority opinion.
Costs in the Application
13. The Committee is empowered to adjudicate on the question of costs and to determine by whom such costs shall be borne.
Joinder of Parties
14. The Committee is empowered at any stage of the proceedings to join as applicant or respondent to an application before it any person who appears to the Committee to be an interested party in the application.
Title
15. These Regulations shall be called the “Copyright Regulations (Rules of Procedure for the Committee on the Determination of Royalties), 5731—1971.”