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Copyright Act 1994

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

160: Effect of order of Tribunal as to licence

You could also call this:

"What happens when the Tribunal makes a licence order"

Illustration for Copyright Act 1994

If the Tribunal makes an order under section 157 or section 158 and the order is still in force, you will be in a good position. You must pay any charges or give an undertaking to pay them when they are ascertained. You must also comply with the other terms in the order. If you do these things, you will be in the same position as if you had a licence from the copyright owner. The Tribunal's order can be assigned to someone else in certain situations. The Tribunal can also direct that an order has effect from a date before it was made. If the Tribunal makes such a direction, repayments or further payments may need to be made.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346690.

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

160Effect of order of Tribunal as to licence

  1. Where the Tribunal has made an order under section 157 or section 158 and the order remains in force, the person entitled to the benefit of the order shall, if that person—

  2. pays to the licensing body any charges payable in accordance with the order or, if the amount cannot be ascertained, gives an undertaking to pay the charges when ascertained; and
    1. complies with the other terms specified in the order,—
        1. 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 on the terms specified in the order.

      1. The benefit of the order may be assigned,—

      2. in the case of an order made under section 157, if assignment is not prohibited under the terms of the Tribunal's order; and
        1. In the case of an order made under section 158, if assignment was not prohibited under the terms of the original licence.

          1. The Tribunal may direct that an order made under section 157 or section 158, or an order made under section 159 varying such an 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 or application was made or, if later, on which the licence was granted or, as the case may be, was due to expire.

          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 (1)(a) to the charges payable in accordance with the order shall be construed, where the order is varied by a later order, as a reference to the charges so payable under the later order.