Copyright and Related Rights Act, 2000
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Effect of order of Controller as to licensing scheme. |
156.—(1) A licensing scheme which has been confirmed or varied by the Controller under section 151 , 152 or 153 shall be in operation or, as the case may be, remain in operation, in so far as it relates to the description of case in respect of which the order was made, for such period as the order remains in force. | |
(2) Where an order made by the Controller under section 151 , 152 or 153 confirming or varying a licensing scheme is in force (in this section referred to as “an order to which this section applies”), a person who, in a case of a class to which the order applies— | ||
(a) pays to the operator of the scheme any charges payable under the scheme in respect of a licence applying to the case concerned or, where the amount cannot be ascertained, gives an undertaking to the operator to pay the charges when ascertained, and | ||
(b) complies with the other terms applicable to the licence under the scheme, | ||
is in the same position as regards infringement of copyright as if he or she had at all material times been the holder of a licence granted by the owner of the copyright concerned in accordance with the scheme. | ||
(3) Subject to subsection (4), the Controller may direct that an order to which this section applies, in so far as it varies the amount of charges payable, has effect from a date before that on which it was made, but not earlier than the date on which the reference was made, or where later, the date on which the scheme came into operation. | ||
(4) Where a direction is made under subsection (3)— | ||
(a) any necessary repayments or further payments shall be made in respect of charges already paid, and | ||
(b) the reference in subsection (2)(a) to the charges payable under the scheme shall be construed as a reference to the charges so payable by virtue of the order. | ||
(5) A direction shall not be made under this section where subsection (6) applies. | ||
(6) An order of the Controller made under section 152 or 153 in relation to a scheme which is certified for any purpose under section 173 has effect, in so far as it varies the scheme by reducing the charges payable for licences, from the date on which the reference was made to the Controller. | ||
(7) Where the Controller has made an order under section 154 and the order remains in force, the person in whose favour the order is made, where he or she— | ||
(a) pays to the operator of the scheme any charges payable in accordance with the order or, where the amount cannot be ascertained, gives an undertaking to the operator to pay the charges when ascertained, and | ||
(b) complies with the other terms specified in the order, | ||
is in the same position as regards infringement of copyright as if he or she had at all material times been the holder of a licence granted by the owner of the copyright concerned on the terms specified in the order. | ||
References and Applications Relating to Licensing by Licensing Bodies |