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Copyright Act 1994

Copyright licensing - Applications with respect to licensing schemes

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

You could also call this:

"Applying for a Licence if You've Been Unfairly Refused"

Illustration for Copyright Act 1994

You can apply to the Tribunal for a licence if you think the operator of a licensing scheme has unfairly refused you a licence. You can also apply if the operator has not given you a licence within a reasonable time. The Tribunal will look at your claim and decide if you are entitled to a licence. You might not be covered by a licensing scheme, but you can still apply for a licence if you think it is unreasonable that you are not getting one. You can also apply if the operator is asking for unreasonable terms for a licence. The Tribunal will consider your application and decide if you should get a licence. If the Tribunal agrees with you, they will make an order saying you are entitled to a licence. The order will say what terms the licence will have, and it can last forever or for a certain amount of time. The Tribunal will decide what is fair in your situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346681.

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Part 8Copyright licensing
Applications with respect to licensing schemes

153Application for grant of licence in connection with licensing scheme

  1. A person who claims, in a case covered by a licensing scheme, that the operator of the scheme has refused to grant to that person or procure the grant to that person of a licence in accordance with the scheme, or has failed to do so within a reasonable time after being asked, may apply to the Tribunal for a licence.

  2. A person who claims, in a case excluded from a licensing scheme,—

  3. that the operator of the scheme has refused to grant to that person or procure the grant to that person of a licence, or has failed to do so within a reasonable time of being asked, and that in the circumstances it is unreasonable that a licence should not be granted; or
    1. that the operator of the scheme proposes terms for a licence that are unreasonable—
        1. may apply to the Tribunal.

      1. A case shall be regarded as excluded from a licensing scheme for the purposes of subsection (2) if—

      2. the scheme provides for the grant of licences subject to terms excepting matters from the licence and the case falls within such an exception; or
        1. the case is so similar to those in which licences are granted under the scheme that it is unreasonable that it should not be dealt with in the same way.

          1. If the Tribunal is satisfied that the claim is well-founded, it shall make an order declaring that, in respect of the matters specified in the order, the applicant is entitled to a licence on such terms as the Tribunal may determine to be applicable in accordance with the scheme or, as the case may be, to be reasonable in the circumstances.

          2. The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine.

          Compare
          • 1962 No 33 ss 36(3), 38(1)–(4)