The Public Lending Right Scheme 1982 (Commencement) Order 1982

• (c) in the case of a work by more than one author, a statement signed by the applicant, if article 17B(2) applies, or otherwise by the personal representatives of the posthumously eligible person in relation to whom the application is being made , that the posthumously eligible person was translator, editor or compiler or illustrator or narrator or producer of the book and that the claim to Public Lending Right in respect thereof is limited to the percentage prescribed in article 9A(2), (3) , (5)(b)(ii) or article 9B or that the other author, or one of the other authors, of the work is a translator and that the claim to Public Lending Right in respect thereof is limited to that share or to a share of that share to which the translator is not entitled,

and shall be accompanied, when paragraph (2) of article 17B does not apply and the personal representatives have not previously made an application under article 17B in relation to that posthumously eligible person, by...

• (...) the probate, letters of administration or confirmation of executors of the posthumously eligible person in relation to whom the application is being made.

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recording of receipt of application

Completion of registration

Application for first registration in respect of posthumously eligible books

17B

• (1) An application for first registration of Public Lending Right in respect of a posthumously eligible book and an application for first registration of a posthumously eligible person’s share of Public Lending Right in respect of such a book with two or more authors (including any who are not eligible persons)—

• (a) shall satisfy the requirements of article 14A and be made by delivery at the registry, and

• (b) unless paragraph (2) applies, shall be made by the personal representatives of the posthumously eligible person concerned.

• (2) This paragraph applies where—

• (a) the application is made by a person (“the transferee”) who previously received a transfer under article 27 of the deceased author’s interest in respect of one or more eligible books, and

• (b) when the transfer was made, the personal representatives of the deceased author gave a declaration in accordance with paragraph (3).

• (3) The declaration referred to in paragraph (2)(b) is a declaration, in such form as the Board may from time to time require, that the personal representatives of the deceased author are not aware of any person other than the transferee who would be entitled, pursuant to an application under this article, to the registered interest in respect of any posthumously eligible book by the deceased author.

• (4) In this article, “deceased author” means the posthumously eligible person in relation to whom the application referred to in paragraph (1) is made.

Evidence required in connection with the applications

Shares in Public Lending Right in respect of audio-books

9B

• (1) In respect of an audio-book for which there is a writer, narrator and producer, but no editor or translator—

• (a) the writer’s share shall be sixty per cent of the Public Lending Right,

• (b) the narrator’s share shall be twenty per cent of that Right, and

• (c) the producer’s share shall be twenty per cent of that Right.

• (2) In respect of an audio-book for which there is both an editor and a translator—

• (a) the writer’s share shall be thirty per cent of the Public Lending Right,

• (b) the narrator’s share shall be twenty per cent of that Right,

• (c) the producer’s share shall be twenty per cent of that Right,

• (d) the editor’s share shall be twelve per cent of that Right, and

• (e) the translator’s share shall be eighteen per cent of that Right.

• (3) In respect of an audio-book for which there is an editor, but no translator—

• (a) the writer’s share shall be forty-eight per cent of the Public Lending Right,

• (b) the narrator’s share shall be twenty per cent of that Right,

• (c) the producer’s share shall be twenty per cent of that Right, and

• (d) the editor’s share shall be twelve per cent of that Right.

• (4) In respect of an audio-book for which there is a translator, but no editor—

• (a) the writer’s share shall be forty-two per cent of the Public Lending Right,

• (b) the narrator’s share shall be twenty per cent of that Right,

• (c) the producer’s share shall be twenty per cent of that Right, and

• (d) the translator’s share shall be eighteen per cent of that Right.

• (5) In the case of an audio-book for which the number of writers, narrators, producers, editors or translators is greater than one (including any who are not eligible persons) the respective shares of the Public Lending Right referred to in paragraph (1) to (4) shall be divided equally.

Dealings to be effected only on the Register

Register to be conclusive

Amendment of the Register

Payments consequent upon amendment