Copyright and Related Rights Act, 2000
|
Effect of order of Controller as to licence. |
277.—(1) Where the Controller has made an order under section 274 or 275 , and the order remains in force, the person entitled to the benefit of the order, where he or she— | |
(a) pays to the licensing body 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 a performer's property rights as if he or she had at all material times been the holder of a licence granted by the rightsowner concerned on the terms specified in the order. | ||
(2) The benefit of an order made under section 274 or 275 may be assigned— | ||
(a) in the case of an order made under section 274 , where assignment is not prohibited under the terms of the order of the Controller, and | ||
(b) in the case of an order made under section 275 , where assignment was not prohibited under the terms of the original licence. | ||
(3) The Controller may direct that an order made under section 274 or 275 or an order made under section 276 varying such an order, 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 or application was made or, where later, the date on which the licence was granted or, as the case may be, was due to expire. | ||
(4) Where a direction is given 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 (1) (a) to the charges payable in accordance with the order shall be construed, where the order is varied by a further order, as a reference to the charges so payable by virtue of that further order. | ||
Licensing: Miscellaneous |