Disputes regarding the payment of royalties in the area of public performance of sound recordings

Under the legislation persons playing sound recordings in public or including a sound recording in a broadcast or cable programme service must agree to make payments in respect of such playing or inclusion in a broadcast to each licensing body concerned and comply with the requirements of the legislation.Where the person intending to play sound recording in public or to include sound recordings in a broadcast or cable programme service and the licensing body fail to reach agreement as to the payment due, the terms of the proposed agreement may be referred to the Controller for the determination of the amount and terms of payment. It should be noted that in cases where an application has been made to the Controller to determine a dispute, that the party playing sound recordings must pay to the licensing body such amount as he or she considers reasonable and must notify the licensing body and the Controller of his or her intention to do so.No statutory rules have yet been made setting out the procedures to be followed relating to such disputes. In the interim, the application to the Controller for a determination, should contain a statement of case setting out the precise nature of the dispute and any other relevant information.