33DApplications to Tribunal for determination of reasonable compensation payable — copyright in photographs

33D Applications to Tribunal for determination of reasonable compensation payable — copyright in photographs

(1) This regulation applies to an application made to the Tribunal under item 118 of the USFTAIA.

(2) An application must:

(a) identify the photograph to which the application relates; and

(b) set out the names of the parties to the application, identifying:

(i) the owner of the copyright in the photograph (the copyright owner); and

(ii) the person mentioned in paragraph (1) (b) of item 118 of the USFTAIA (the copyright user); and

(c) set out the circumstances or events giving rise to the application; and

(d) be accompanied by:

(i) the written agreement mentioned in paragraph (1) (b) of item 118 of the USFTAIA that is the subject of the application, or a copy of the agreement; or

(ii) if the applicant does not have access to the agreement, or a copy — a statement to that effect; and

(e) specify the date or the approximate date on which the copyright in the photograph ends; and

(f) be accompanied by a copy of the written notice of objection (if any) given by the copyright owner to the copyright user; and

(g) specify the amount of compensation already offered by the copyright owner to the copyright user and the date on which the offer was made; and

(h) ask the Tribunal to determine an amount of reasonable compensation to be paid by the copyright owner to the copyright user.

(3) If the Tribunal is satisfied that an amount of reasonable compensation must be paid, the Tribunal must specify the date by which the copyright owner must pay the amount of compensation.

(4) In this regulation:

owner has the meaning given by subitem 118 (8) of the USFTAIA.

USFTAIA means the US Free Trade Agreement Implementation Act 2004.