Copyright Act 1994

Copyright licensing - Factors to be taken into account in certain classes of cases

161: Unreasonable discrimination

You could also call this:

"Ensuring everyone gets a fair deal when it comes to licences"

Illustration for Copyright Act 1994

When you are dealing with a licensing scheme or licence, the Tribunal looks at a few things. They consider if other people in similar situations have access to other schemes or licences. They also look at the terms of those schemes or licences. You need to know that the Tribunal makes sure there is no unfair treatment between people who have a licence and those who might get one. They do this by comparing the licence you are interested in with other licences given by the same person. This helps ensure everyone is treated fairly. The Tribunal uses its powers to prevent unfair discrimination between licensees. This means they try to make sure everyone is treated equally and has the same opportunities. They do this when dealing with licensing schemes or licences under this Part.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346692.

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Part 8Copyright licensing
Factors to be taken into account in certain classes of cases

161Unreasonable discrimination

  1. In determining what is reasonable on a reference or application under this Part relating to a licensing scheme or licence, the Tribunal shall have regard to—

  2. the availability of other schemes, or the granting of other licences, to other persons in similar circumstances; and
    1. the terms of those schemes or licences;—
      1. and shall exercise its powers so as to ensure that there is no unreasonable discrimination between licensees, or prospective licensees, under the scheme or licence to which the reference or application relates and licensees under other schemes operated by, or other licences granted by, the same person.