Terms of reference - Copyright Licensing

These are the Terms of Reference approved by the Board, in line with the Articles of Association of the Company (herein “Ombudsman Services”).

Terms of reference are also available to download here:

1. Interpretation

1.1 The definitions, below, apply to both this Annex and the Terms of Reference in relation to complaints brought to Ombudsman Services: Copyright Licensing against Participating Companies:

“Award” means the compensation awarded to the Complainant not exceeding £5,000 (inclusive of VAT (if any)) per complaint;

“Collective Management Organisation (or ‘CMO’)”, means a body that either owns rights or administers them on behalf of third parties, and licenses the use of copyright materials (the list of CMOs and their purposes is shown in Table 1). Once a CMO has joined the scheme, it becomes a ‘Participating Company’ (see below);

“Complainant” means a licensee or member of a Participating Company who is eligible to complain to Ombudsman Services: Copyright Licensing about a service supplied by that organisation, as defined in Tables 2, 3 and 4 and who has fulfilled the requirements of the relevant organisation’s internal complaints process or has had sustained difficulty in registering a complaint;

“Customer” means any person who is party to a contract with a Participating Company of Ombudsman Services: Copyright Licensing for the supply or provision of any service falling within the jurisdiction of the Ombudsman and Ombudsman Services: Copyright Licensing. For the avoidance of doubt, where the context allows, it includes a person who is either a Licensee or a member of a Participating Company or someone who applies to take a Licence;

“Licence” means an agreement by a Participating Company to grant broadcast, performance, publication, copying, digital use or other use rights of the copyright material to the person applying and paying to do so;

“Licensee” means a customer who has been granted a Licence or applies for a Licence to broadcast, perform, publish or otherwise use copyright material owned or administered by a Participating Company which falls within the jurisdiction of the Ombudsman and the Ombudsman Services: Copyright Licensing, as defined in Tables 2 and 4;

“Member” means a person who has joined, or is otherwise represented by, a Participating Company, whose copyright material is administered on his or her behalf by that Company and whose eligibility to complain to the Ombudsman is defined in Tables 2 and 3;

“Ombudsman Services: Copyright Licensing” means the Ombudsman Service provided to CMOs, their Members and/or Licensees;

“Participating Company” means a CMO that has put itself under the jurisdiction of Ombudsman Services: Copyright Licensing for the purposes of resolving outstanding complaints and has been admitted into the Ombudsman Service in accordance with the Terms of Reference, this Annex and the Membership Rules for the Participating Companies and, as the context so requires, each and/or any of its subsidiary undertakings from time to time which has put its relevant services under the jurisdiction of the Ombudsman and Ombudsman Service;

“Sector Liaison Panel (or ‘SLP’)” means the Sector Liaison Panel referred to in Paragraph 6 of this annex;

“User” means a person who is, or is thought to be, using copyright material and is contacted by a Participating Company with a view to

  • (a) ascertaining their status, in respect of such alleged use, and
  • (b), if the use is occurring (or has occurred), negotiating a Licence.

2.1 CMOs who own or administer copyright materials on behalf of third parties are eligible to become Participating Companies of the Ombudsman Services: Copyright Licensing.

3. Services

3.1 The services provided by Participating Companies of the Ombudsman Services: Copyright Licensing which are covered by, and fall within the jurisdiction of the Ombudsman and the Ombudsman Services: Copyright Licensing, are the services associated with the;

  • (a) licensing for the broadcast, use, performance, publication, copying, digital use or other use of copyright materials owned or administered by a Participating Company; and
  • (b) membership of the Participating Company by the originators or owners of the copyright material on whose behalf it administers the material.

4. Complainants

4.1 Further to, and in addition to, the provisions of paragraphs 3 and 6 of the Terms of Reference, the Ombudsman and the Ombudsman Service: Copyright Licensing shall only have jurisdiction in relation to a complaint against a Participating Company if the person making the complaint (see Table 2 for societies’ coverage, Tables 3 (CMO Members) and 4 (CMO Licensees) for the complaint types and Table 5 for potential outcomes, that are within the Ombudsman’s jurisdiction);

  • (a) was, at the time the subject matter of the complaint arose, a Customer or User; or
  • (b) was at the time the subject of the complaint arose an applicant for a Licence; or
  • (c) was, at the time the subject of the complaint arose, a Member of a Participating Company; or
  • (d) is acting on behalf (and with the consent) of any person falling within the scope of sub-paragraphs (a), (b) and (c).

5. Limits on the Ombudsman’s powers

5.1 Further to, and in addition to, the provisions of paragraph 7 of the Terms of Reference, the Ombudsman shall not accept a complaint about a matter;

  • (a) which concerns or relates to the Licence fees, tariffs, terms and conditions quoted or charged by the Participating Company or any other matter that is within the jurisdiction of the Copyright Tribunal; or
  • (b) which concerns a dispute by a party outside the jurisdiction of the Ombudsman, as determined by Tables 1, 2, 3 and 4. 6. Sector Liaison Panel 6.1 Ombudsman Services: Copyright Licensing may constitute a Sector Liaison Panel whose constitution and remit will be determined from time to time by the Board.