Copyright and Related Rights Act, 2000
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Power to extend application of scheme or licence. |
168.—(1) This section applies to— | |
(a) a licensing scheme to which sections 151 to 156 apply, in so far as they provide for the grant of licences, or | ||
(b) a licence to which sections 158 to 161 apply, | ||
in so far as the scheme provides for the grant of licences, or the licence is a licence which authorises the making by or on behalf of educational establishments for the purposes of instruction of reprographic copies of literary, dramatic, musical or artistic works, original databases or of the typographical arrangement of published editions; which have been lawfully made available to the public. | ||
(2) Where it appears to the Minister with respect to a scheme or licence to which this section applies that— | ||
(a) works of a description similar to those covered by the scheme or licence are unreasonably excluded from it, and | ||
(b) making those works subject to a licensing scheme or general licence would not conflict with the normal exploitation of the works or prejudice the interests of the owner of the copyright, | ||
the Minister may by order provide that the scheme or licence shall extend to those works. | ||
(3) Where the Minister proposes to make an order under subsection (2), he or she shall give notice of the proposal to— | ||
(a) the owner of the copyright, | ||
(b) the licensing body concerned, and | ||
(c) such persons or organisations representative of educational establishments, and such other persons or organisations, as the Minister thinks fit. | ||
(4) Where the identity of a person, body or organisation required to be given notice under subsection (3) cannot be ascertained by reasonable enquiry, an advertisement published by the Minister in Iris Oifigiúil and at least two newspapers circulating in the State specifying details of the proposal to extend the scheme or licence shall be deemed to be notice for the purposes of that subsection. | ||
(5) A notice given under subsection (3) shall inform the persons referred to in that subsection of their right to make oral or written representations to the Minister concerning the proposal within 6 months from the date of the notice, and where any of those persons wishes to make oral representations, the Minister shall appoint a person to hear the representations and to report to the Minister. | ||
(6) In considering whether to make an order under subsection (2), the Minister shall take into account any representations made to him or her under subsection (5) and such other matters as appear to the Minister to be relevant. |