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United Kingdom
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Compulsory licence (copyright) meaning

What does Compulsory licence (copyright) mean?
In practice, a compulsory copyright licence allows a user to carry out restricted acts (such as copying or communication to the public) without the rightholder’s consent because legislation requires a licence to be granted on specified terms, typically with payment of reasonable remuneration. It is a statutory mechanism, not a general common-law doctrine, and is available only in defined circumstances. Across the UK (England and Wales, Scotland and Northern Ireland), the Copyright, Designs and Patents Act 1988 provides for statutory licensing schemes and tribunal oversight. The Copyright Tribunal can settle terms, vary schemes and, in effect, require licensing where consent is unreasonably withheld, where works are being withheld from the public, or to address anti-competitive effects or abuse of monopoly power. In Ireland, comparable statutory provisions under the Copyright and Related Rights Act 2000 create licensing schemes with dispute resolution before the competent authority. Usage is broadly consistent, though the detailed conditions and procedures differ between jurisdictions. Key features include: non-exclusive effect; entitlement to equitable remuneration; terms set by statute, tribunal or collecting society; and narrow, strictly construed scope. Compulsory licensing is distinct from voluntary collective licensing and from statutory exceptions. It is of practical significance in sectors such as broadcasting, cable...
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View the related Practice Notes about Compulsory licence (copyright)

PRACTICE NOTES
UK Film and Television Law Glossary: Terms C–D—copyright, collecting societies, broadcasting, distribution

Film and TV glossary A–B Film and TV glossary E–H Film and TV glossary I–L Film and TV glossary M–P Film and TV glossary R–S Film and TV glossary T–W CAP Code for non-broadcast media The UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code) serves as the principal framework governing non-broadcast adverts, promotional sales activity and direct marketing messages. It is drafted by the Committee on Advertising Practice (CAP), a self-regulatory body whose membership comprises organisations representing advertising, sales promotion, direct marketing and media industries. The Advertising Standards Authority (ASA) polices the CAP Code and may require the withdrawal or amendment of any advertisement that contravenes these standards. Refer to Practice Note: Advertising law and regulation. Channel 4 Channel 4 operates as a ‘publisher-broadcaster’: it produces no programmes internally, commissioning content from production companies across the UK. Cinematograph film Under the Copyright Act 1956 (CA 1956), films gained protection as...

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