77 Licensing of copyright and performers' rights

77  Licensing of copyright and performers' rights

(1)     The Copyright, Designs and Patents Act 1988 is amended as follows.

(2)     In section 116 (licensing schemes and licensing bodies) after subsection (4) insert—

“(5)     Schedule A1 confers powers to provide for the regulation of licensing bodies.”

(3)     After section 116 insert—

“Orphan works licensing and extended collective licensing

116A Power to provide for licensing of orphan works

(1)     The Secretary of State may by regulations provide for the grant of licences in respect of works that qualify as orphan works under the regulations.

(2)     The regulations may—

(a)     specify a person or a description of persons authorised to grant licences, or

(b)     provide for a person designated in the regulations to specify a person or a description of persons authorised to grant licences

(3)     The regulations must provide that, for a work to qualify as an orphan work, it is a requirement that the owner of copyright in it has not been found after a diligent search made in accordance with the regulations.

(4)     The regulations may provide for the granting of licences to do, or authorise the doing of, any act restricted by copyright that would otherwise require

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