Copyright Act 1994

Copyright licensing - References and applications with respect to licensing by licensing bodies

157: Reference to Tribunal of proposed licence

You could also call this:

"Asking a Tribunal to Check a Licence Agreement"

Illustration for Copyright Act 1994

You can ask the Tribunal to look at the terms of a licence a licensing body wants to give you. The Tribunal will decide if it wants to consider your request. It might say no if it thinks you asked too early. You or the licensing body can ask the Tribunal to look at the terms. The Tribunal will then think about the terms and make a decision. It can decide to keep the terms the same or change them. The Tribunal's decision can last forever or for a certain amount of time. It depends on what the Tribunal decides is fair. The Tribunal makes its decision based on the circumstances.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346687.

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Part 8Copyright licensing
References and applications with respect to licensing by licensing bodies

157Reference to Tribunal of proposed licence

  1. The terms on which a licensing body proposes to grant a licence may be referred to the Tribunal by the licensing body or the prospective licensee.

  2. The Tribunal shall first decide whether to entertain the reference, and may decline to do so on the ground that the reference is premature.

  3. If the Tribunal decides to entertain the reference, it shall consider the terms of the proposed licence and make such order, either confirming or varying the terms, as it may determine to be reasonable in the circumstances.

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