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Copyright Act 1994

Copyright licensing - Implied indemnity in schemes or licences for reprographic copying

168: Determination of equitable remuneration

You could also call this:

"Asking for a fair price when you can't agree"

Illustration for Copyright Act 1994

You can't agree with someone on how much money you should get for something. This happens when a copyright owner and a librarian, or the Crown, or an exclusive licensee, or a licensee can't agree. You can ask the Tribunal to decide how much money you should get. The Tribunal looks at the situation and makes a decision. They try to be fair and make a decision that is reasonable. You or the other person can ask the Tribunal to review their decision. You have to wait 12 months before you can ask for a review, unless the Tribunal says it's okay. The Tribunal looks at the situation again and makes a new decision. This new decision starts from the date it's made, or a later date that the Tribunal chooses.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346803.

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Part 8Copyright licensing
Implied indemnity in schemes or licences for reprographic copying

168Determination of equitable remuneration

  1. Where—

  2. a copyright owner and a librarian cannot agree as to the remuneration to be paid to the copyright owner under section 54(2)(d); or
    1. a copyright owner and the Crown cannot agree as to the remuneration to be paid to the copyright owner under section 63(2); or
      1. an exclusive licensee and the Crown cannot agree as to the remuneration to be paid to the exclusive licensee under section 64(2); or
        1. a licensee and the copyright owner or the exclusive licensee, as the case may be, cannot agree on the part of the payment to be paid to the licensee under section 64(3); or
          1. a copyright owner and a person who makes a recording of a communication work cannot agree as to the remuneration to be paid to the copyright owner under section 91(2)(d),—
              1. either party may apply to the Tribunal to determine the remuneration to be paid.

            1. The Tribunal shall consider the matter and make such order as it may determine to be reasonable in the circumstances.

            2. Either party to an order made under this section may apply to the Tribunal to review its order.

            3. Except with the special leave of the Tribunal, an application under subsection (3) shall not be made earlier than the end of the period of 12 months from the date of the original order or of the order on a previous application under that subsection.

            4. The Tribunal shall on an application for review under this section confirm or vary its original order as the Tribunal may determine to be reasonable in the circumstances of the case.

            5. An order under subsection (5) has effect from the date on which it is made or such later date as may be specified by the Tribunal.

            Notes
            • Section 168(1)(e): amended, on , by section 74 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).