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Copyright Act 1994

Copyright licensing - References with respect to licensing schemes

152: Effect of order of Tribunal made on reference

You could also call this:

"What happens when the Tribunal makes a decision about a licensing scheme"

Illustration for Copyright Act 1994

You have a licensing scheme that the Tribunal has confirmed or changed. This scheme will stay in force for certain cases as long as the Tribunal's order is in force. You can read about this in section 149, section 150, or section 151. When the Tribunal's order is in force, you can pay the charges for a licence. You also need to follow the other terms of the scheme. If you do this, you will be in the same position as if you had a licence from the copyright owner. The Tribunal can decide that its order starts from an earlier date. This date cannot be before the reference was made or the scheme started. If the Tribunal makes this decision, you might need to pay more or get a refund. You will pay the charges set by the Tribunal's order, not the original scheme charges.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346679.

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"Asking the Tribunal to Reconsider a Licensing Scheme"

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153: Application for grant of licence in connection with licensing scheme, or

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Part 8Copyright licensing
References with respect to licensing schemes

152Effect of order of Tribunal made on reference

  1. A licensing scheme that has been confirmed or varied by an order of the Tribunal made under section 149 or section 150 or section 151 shall be in force or, as the case may be, remain in operation so far as it relates to cases of the description in respect of which the order was made, so long as the order remains in force.

  2. While an order is in force, a person who, in a case of a class to which the order applies,—

  3. pays to the operator of the scheme any charges payable under the scheme in respect of a licence covering the case in question or, if the amount cannot be ascertained, gives an undertaking to the operator to pay the charges when ascertained; and
    1. complies with the other terms applicable to such a licence under the scheme—
        1. shall be in the same position as regards infringement of copyright as if that person had at all material times been the holder of a licence granted by the owner of the copyright in question in accordance with the scheme.

      1. The Tribunal may direct that the order, so far as it varies the amount of charges payable, has effect from a date before that on which the order is made, but not earlier than the date on which the reference was made or, if later, on which the scheme came into operation.

      2. If such a direction is made,—

      3. any necessary repayments, or further payments, shall be made in respect of charges already paid; and
        1. the reference in subsection (2)(a) to the charges payable under the scheme shall be construed as a reference to the charges so payable under the order.

          Compare
          • 1962 No 33 ss 39(5)(b), 45(1)–(3)