Copyright Act 1994

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

158: Reference to Tribunal of expiring licence

You could also call this:

"Asking the Tribunal to help with a licence that's about to expire"

Illustration for Copyright Act 1994

You can ask the Tribunal to look at your licence if it is about to expire. You think it is unfair that your licence should end. You can do this if your licence is expiring because of time or because the licensing body told you it would end. You cannot ask the Tribunal to look at your licence more than three months before it expires. The Tribunal will look at your situation and make a decision. Your licence will still be valid until the Tribunal makes a decision. If the Tribunal agrees with you, they will make an order saying you can still use your licence. They will decide what terms are fair for you to keep using your licence. The Tribunal's order can last forever or for a certain amount of time that they decide.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346688.

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

158Reference to Tribunal of expiring licence

  1. A licensee under a licence that is due to expire, either by effluxion of time or as a result of notice given by the licensing body, may refer the licence to the Tribunal on the ground that it is unreasonable in the circumstances that the licence should cease to be in force.

  2. Such a reference may not be made earlier than the beginning of the period of 3 months immediately before the licence is due to expire.

  3. A licence in respect of which a reference has been made to the Tribunal under this section shall remain in operation until proceedings on the reference are concluded.

  4. If the Tribunal finds the reference well-founded, it shall make an order declaring that the licensee shall continue to be entitled to the benefit of the licence on such terms as the Tribunal may determine to be reasonable in the circumstances.

  5. An order of the Tribunal under this section may be made so as to be in force indefinitely or for such period as the Tribunal may determine.