Q1 |
Who may make an application to the Copyright Tribunal?
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Q2 |
How can proceedings be commenced in the Copyright Tribunal?
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Q3 |
How can one apply to be made a party to the proceedings as an “intervener”?
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Q4 |
Can anyone object to the originator's credentials?
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Q5 |
Can anyone object to the intervener's credentials?
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Q6 |
Would the parties to the proceedings be given any guidance from the Tribunal on how to proceed with the application or reference?
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Q7 |
May there be any consequence for failing to comply with any direction?
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Q8 |
How should evidence be submitted for the Tribunal's consideration?
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Q9 |
How are the parties to the proceedings notified of the final decision of the Tribunal?
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Q10 |
Can a party appeal against the Tribunal's decision?
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Q11 |
What happens to the Tribunal's decision if there is an appeal or a reference to the court pending an appeal to the court?
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Q12 |
Does the Tribunal have power to make a costs order?
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Q13 |
After a reference or application is made to the Tribunal, can it be withdrawn?
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Q14 |
Can a party appoint a representative to act for him in the proceedings?
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Q1 |
Who may make an application to the Copyright Tribunal? |
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In the case of a dispute between the operator of a licensing scheme that is in operation and a person requiring a licence or an organization representing such persons, the person or organization may refer the scheme to the Copyright Tribunal. In the case of a licensing scheme which is proposed to be operated by a licensing body, a reference of the terms of the scheme to the Copyright Tribunal can only be made by the organization claiming to represent the persons seeking the licences.
A further reference of the scheme can be made to the Copyright Tribunal by the operator of the scheme, a person requiring a licence of that description or an organization representing such persons.
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A person who has been denied a licence under a licensing scheme or who considers the proposed terms for a licence to be unreasonable may apply to the Copyright Tribunal for the grant of a licence or the grant of a licence on such terms as may be determined by the Copyright Tribunal. The operator of the scheme or the original applicant may apply to the Copyright Tribunal for a review of an order so made for the grant of a licence.
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In respect of licences granted by a licensing body other than under a licensing scheme, a prospective licensee may refer the terms of the proposed licence to the Copyright Tribunal. The licensee of a licence about to expire may apply to the Copyright Tribunal for the continuation of the licence. The licensing body or the beneficiary of an order in either of the above situations may apply for a review of the order.
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Persons seeking consent for making a copy of a fixation of a performance or for renting a sound recording in which a performance is fixed can, where the identity or whereabouts of the right owners cannot be ascertained after reasonable enquiry, apply to the Copyright Tribunal for the consent.
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For matters relating to the award payable for use of copyright work of an employee beyond the reasonable contemplation of the terms of the employment, either the employer or the employee can apply to the Copyright Tribunal for a determination.
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As regards the other powers that the Copyright Tribunal in determining the amount of the equitable remuneration or compensation payable, the party by whom or to whom the payment is to be made can make an application to the Copyright Tribunal.
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Q2 |
How can proceedings be commenced in the Copyright Tribunal? |
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Proceedings in relation to a reference or application to the Tribunal must be commenced by serving the Clerk of the Tribunal a notice in one of the prescribed forms. The originator, that is, the party who has made a reference or application to the Tribunal, must at the same time serve on the Clerk of the Tribunal a statement of the originator's case and a list of the documents relevant to the reference or application. The Clerk will then, as soon as practicable, serve copies of the originator's notice, statement of case and list of documents on the relevant parties.
Unless the Chairman directs otherwise, the Clerk will also give notice by advertising the reference or application once in an English language newspaper and once in a Chinese language newspaper and stipulating the time limit within which an organisation or person may apply to be made a party to the proceedings, or an objection to the originator's credentials may be made. |
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Q3 |
How can one apply to be made a party to the proceedings as an “intervener”? |
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Within the time limit stated in the advertisement for the reference or application mentioned in Q2, any organisation or person may apply to the Tribunal to be made a party to the proceedings in a reference or application as an “intervener” by serving on the Clerk a notice in the prescribed form.
After receiving the notice, the Clerk will notify and serve the relevant documents to all relevant parties to the proceedings as soon as practicable.
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Q4 |
Can anyone object to the originator's credentials? |
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Where a reference is made to the Tribunal in respect of a licensing scheme,
the originator's credentials, i.e., the validity of an organisation's claim to be representative of a class or persons, can be challenged (i) by a
licensing body,
(ii) by an organisation or person on whom notice of a reference has been served, (iii) by an intervener, namely, an organisation or person who has been made a party to the proceedings, or (iv) by the Tribunal by serving a notice in the prescribed
form within the time limit stated in the advertisement for the reference.
If after considering the objections, the Tribunal is not satisfied of the originator's credentials, it will direct that no further proceedings are to be taken by any party in connection with the reference. If the Tribunal is satisfied of the originator's credentials, it shall direct that the reference shall proceed. |
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Q5 |
Can anyone object to the intervener's credentials? |
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Within 14 days of being served a copy of the notice of intervention, any party may challenge the intervener's credentials, i.e., whether the intervener possesses a sufficient interest in the matter in dispute, by serving notice on the Clerk in the prescribed form. |
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Q6 |
Would the parties to the proceedings be given any guidance from the Tribunal on how to proceed with the application or reference? |
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As soon as practicable after every party has delivered his statement of case or answer, or after the time limit for doing so has expired, a date and place will be appointed for parties to attend a “directions hearing” on the further conduct of the proceedings. Parties may be given directions concerning, for example, the admission of any facts, the discovery and inspection of any documents, and the giving of evidence on affidavit. |
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Q7 |
Is there any consequence for failing to comply with any direction? |
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Yes. If any party fails to comply with any direction given according to the rules, the Tribunal may direct that such party be debarred from taking any further part in the proceedings. |
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Q8 |
How should evidence be submitted for the Tribunal's consideration? |
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If there is an oral hearing, every party to a reference or application will be entitled to attend the hearing and to address the Tribunal and to call evidence. The hearing will be held in public. Evidence may also be given by affidavit but the Tribunal may at any stage of the proceedings require the personal attendance of any deponent for examination and cross-examination. |
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Q9 |
How are the parties to the proceedings notified of the final decision of the Tribunal? |
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The final decision of the Tribunal will be given in writing and will include a statement of reasons. The Clerk of the Tribunal will send to every party to the proceedings a copy of the Tribunal's decision. A copy of the decision will be made available for public inspection. The short particulars of the decision may also be advertised. |
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Q10 |
Can a party appeal against the Tribunal's decision? |
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An appeal against the Tribunal's decision can be lodged only on a question of law. The appeal shall be brought to the Court of First Instance within 28 days of the date of the decision or within such further period as the court may, on an application to it, allow. |
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Q11 |
What happens to the Tribunal's decision if there is an appeal or a reference to the court pending an appeal to the court? |
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If a party to any proceedings appeals a decision of the Tribunal to the court or the Tribunal refers a question of law to the court after giving its decision in any proceedings, the Tribunal may suspend the operation of any order made in the proceedings. |
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Q12 |
Does the Tribunal have power to make a costs order? |
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Yes. In special circumstances, the Tribunal may order the costs of a party to proceedings to be paid by such other party as the Tribunal may direct. The Tribunal may also tax or settle the amount of the costs, or direct in what manner they are to be taxed. |
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Q13 |
After a reference or application is made to the Tribunal, can it be withdrawn? |
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Yes. The originator may withdraw a reference or application at any time before it has been finally disposed of, by serving a notice in writing on the Clerk of the Tribunal. It should also be noted that the Tribunal has power to make an order as to the payment of costs incurred up to the time of service of the notice. |
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Q14 |
Can a party appoint a representative to act for him in the proceedings? |
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Yes. A party to the proceedings before the Tribunal may appoint an agent to act for him in the proceedings at any one time. The agent may be a legal practitioner or some other persons. The appointment of an agent shall be made in writing and shall not be effective until written notice is given to the Clerk of the Tribunal.
A party may be represented at any hearing before the Tribunal by counsel or solicitor, or by any other person allowed by the Tribunal to appear on his behalf.
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