New rules make Copyright Tribunal faster, cheaper and fairer

Collecting societies, small businesses and individuals will soon find it simpler, cheaper and quicker to resolve disputes about copyright licensing schemes through the Copyright Tribunal. Simplified and modernised rules of procedure, on which licensing societies, industry and consumer groups were consulted last year, will come into effect from the 6 April 2010. These changes seek to:

• Promote the effective resolution of disputes in a fast-changing business environment by introducing procedures in line with the Civil Procedure Rules 1998.
• Improve access to the Tribunal for small businesses and individuals by introducing a small applications track for quick and economical resolution of small cases.
• Reduce costs and delays in large-scale litigation by providing for active and robust case management.

Minister of State for Intellectual Property and Higher Education David Lammy said: "The Copyright Tribunal is valuable to business and individuals as it helps settle disputes that cannot be dealt with otherwise. By seeking speedier resolutions we are looking to save time and money for businesses and licensing bodies."

The revised rules will enable the Tribunal to deal with cases justly and fairly but more rapidly. This will be done by ensuring the parties are on equal footing; saving expense; dealing with cases on a proportionate level according to the complexity, amount of money, and financial position of each party; and by dealing with cases quickly, fairly and with the best use of time and resource.

The revisions to the Tribunal’s Rules of Procedure take into account recommendations made by the then Innovation, Universities and Skills Select Committee in its Report of March 2008, recommendations made by an internal Intellectual Property Office Review of 2007, and comments made by stakeholders in response to these reviews.

Notes to editors

• The Copyright Tribunal ("the Tribunal") is an independent body established by the Copyright Act 1956 and whose basis for operation is set out in the Copyright, Designs and Patents Act 1988 ("the Act") sections 145-152. The Tribunal’s main function is to settle various types of disputes, mainly in the field of collective copyright licensing, where the parties cannot agree between themselves. The operation of the Tribunal is supported by the Intellectual Property Office (IPO).
• Further information about the Tribunal and its work is available on our website.
• In April 2009 the Intellectual Property Office launched a consultation on "Modernisation and simplification of Rules of Procedure" for the Tribunal.
• IPO received 24 detailed responses to the proposed draft rules. Half were from licensing societies. The remainder were from licensees /music users, trade bodies, consumer groups and an individual, representing a wide range of sectors. The deadline for responses was extended for two weeks until 17 July 2009 to allow as wide a response as possible.
• Key themes of the responses to the consultation were:
  - Support for the broad thrust of the Government’s proposed changes;
  - Concerns about making applications too easy (encouraging frivolous or ill-founded applications) or too difficult (discouraging legitimate cases); and
  - A desire for clarification and additional detail.

Date of release: 15 March 2010