Copyright and Related Rights Act, 2000
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Inquiry whether other provisions required. |
171.—(1) The Minister may appoint a person to inquire whether other provisions are required (whether by way of a licensing scheme or general licence) to authorise 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— | |
(a) have been lawfully made available to the public, and | ||
(b) are of a description which appears to the Minister— | ||
(i) not to be regulated by an existing licensing scheme or general licence, and | ||
(ii) not to be within the power conferred by section 168 . | ||
(2) The Minister may prescribe procedures for the establishment and conduct of an inquiry under this section and without prejudice to the generality of the aforesaid may prescribe that— | ||
(a) notice be given to persons or organisations appearing to the Minister to represent the owners of the copyright in works of that description, | ||
(b) notice be given to persons or organisations appearing to the Minister to represent educational establishments, or | ||
(c) written or oral representations may be made by those persons. | ||
(3) Where procedures are prescribed under subsection (2), they shall not affect the rights of any other person to be given notice of such inquiries or the making of representations by other persons or organisations. | ||
(4) The person appointed to hold an inquiry under this section shall not recommend the making of other provisions unless he or she is satisfied that— | ||
(a) it would be of advantage to educational establishments to be authorised to make reprographic copies of the works concerned, 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. | ||
(5) Where a person appointed to hold an inquiry under this section recommends the making of other provisions, he or she shall specify any terms, other than terms as to the charges payable, on which licences under those provisions shall be available. |