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How will I know what works and performances are being managed by the CMO before I sign a licensing agreement with them?


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The Copyright (Collective Management Organisations) Regulations 2023 require CMOs to set up a public website where they must publish key documents and information to help potential users make informed decisions before transacting with a CMO. Generally, CMOs must publish a detailed list of all the works and performances that they manage, as well as a list of all their representation agreements with partner CMOs (Regulation 38). However, CMOs may choose to publish less detailed information that does not list every work and performance. In this case, CMOs must provide a contractual indemnity to their users to protect them from legal liability so long as they use works that appear to be within the scope of their licensing agreements based on the information published by the CMO (Regulation 39).

 

The information published by CMOs must be updated at least once every 3 months. At any time, potential users who are unsure if a particular work or performance is in a CMO’s portfolio may request confirmation or proof from the CMO. CMOs must respond to such requests in a timely manner (Regulation 40).


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