\n<\/td>\n | Chapter 16<\/p>\n <\/p>\n Copyright Licensing<\/em><\/h4>\n<\/td>\n<\/tr>\n\n\nLicensing schemes and licensing bodies.<\/h4>\n<\/td>\n149.<\/strong>\u2014(1) In this Part\u2014<\/td>\n<\/tr>\n\n<\/td>\n | \u201clicences\u201d means licences to undertake or authorise the undertaking of any of the acts restricted by copyright;<\/td>\n<\/tr>\n | \n<\/td>\n | \u201clicensing body\u201d means a society or other organisation which has as its main object, or one of its main objects, the negotiating or granting, either as owner or prospective owner of copyright, or as exclusive licensee, or as agent for him or her, of copyright licences, and whose objects include the granting of licences relating to works of more than one copyright owner;<\/td>\n<\/tr>\n | \n<\/td>\n | \u201clicensing scheme\u201d means a scheme specifying\u2014<\/td>\n<\/tr>\n | \n<\/td>\n | (a<\/em>) the classes of case in which the operator of the scheme, or the person on whose behalf that operator acts, is willing to grant copyright licences, and<\/td>\n<\/tr>\n\n<\/td>\n | (b<\/em>) the terms on which licences would be granted in those classes of case,<\/td>\n<\/tr>\n\n<\/td>\n | and for this purpose a \u201cscheme\u201d includes anything in the nature of a scheme, whether described as a scheme or as a tariff or by any other name.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n <\/p>\n \n\n\n<\/td>\n | (2) References in this Part to licences or licensing schemes relating to works of more than one copyright owner shall not include licences or schemes relating to\u2014<\/td>\n<\/tr>\n | \n<\/td>\n | (a<\/em>) a single collective work, or collective works of which the authors are the same, or<\/td>\n<\/tr>\n\n<\/td>\n | (b<\/em>) works made by, or by employees of or commissioned by, a single individual, firm, company or group of companies, including holding companies and their subsidiaries.<\/td>\n<\/tr>\n\n<\/td>\n | References and Applications Relating to Licensing Schemes<\/em><\/td>\n<\/tr>\n\n\nGeneral references.<\/h4>\n<\/td>\n150.<\/strong>\u2014Sections 151 <\/em>to 156 <\/em>apply to licensing schemes which are operated by licensing bodies in relation to the copyright in works of more than one copyright owner, in so far as they relate to licences for any of the acts restricted by copyright under section 37 <\/em>.<\/td>\n<\/tr>\n\n\nReference<\/h4>\n<\/td>\n151.<\/strong>\u2014(1) The terms of a licensing scheme proposed to be operated by a licensing body may be referred to the Controller by an organisation which claims to be representative of persons who claim that they require licences in cases of a description to which the scheme would apply.<\/td>\n<\/tr>\n\nproposed<\/td>\n<\/tr>\n | \nlicensing<\/td>\n<\/tr>\n | \nscheme to<\/td>\n<\/tr>\n | \nController.<\/td>\n<\/tr>\n | \n<\/td>\n | (2) The Controller shall not consider a reference by an organisation under subsection (1) <\/em>unless the Controller is satisfied that the organisation is representative of the class of persons that it claims to represent.<\/td>\n<\/tr>\n\n<\/td>\n | (3) The Controller may refuse to consider a reference under subsection (1)<\/em><\/p>\n on the ground that the reference is premature.<\/td>\n<\/tr>\n \n<\/td>\n | (4) Where the Controller decides to consider a reference under subsection (1)<\/em>, he or she shall consider the subject matter of the reference and make an order, either confirming or varying the proposed scheme, as the Controller may determine to be reasonable in the circumstances.<\/td>\n<\/tr>\n\n<\/td>\n | (5) An order under subsection (4) <\/em>may be made for such period as the Controller may determine.<\/td>\n<\/tr>\n\nReference of<\/td>\n | 152.<\/strong>\u2014(1) Where a licensing scheme is in operation and a dispute arises with respect to the scheme between the operator of the scheme and\u2014<\/td>\n<\/tr>\n\nlicensing<\/td>\n<\/tr>\n | \nscheme to<\/td>\n<\/tr>\n | \nController.<\/td>\n<\/tr>\n | \n<\/td>\n | (a<\/em>) a person claiming that he or she requires a licence in a case of a description to which the scheme applies, or<\/td>\n<\/tr>\n\n<\/td>\n | (b<\/em>) an organisation claiming to be representative of such persons,<\/td>\n<\/tr>\n\n<\/td>\n | that operator, person or organisation may refer the scheme to the Controller in so far as it relates to cases of that description.<\/td>\n<\/tr>\n | \n<\/td>\n | (2) The Controller shall not consider a reference by an organisation under subsection (1) <\/em>unless the Controller is satisfied that the organisation is representative of the class of persons that it claims to represent.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n <\/p>\n \n\n\n<\/td>\n | (3) A scheme which has been referred to the Controller under subsection<\/em><\/p>\n (1) <\/em>shall remain in operation until proceedings in relation to the reference are concluded.<\/td>\n<\/tr>\n\n<\/td>\n | (4) The Controller shall consider the matter referred to him or her and shall make an order, confirming or varying the scheme, as the Controller may determine to be reasonable in the circumstances.<\/td>\n<\/tr>\n | \n<\/td>\n | (5) An order under subsection (4) <\/em>may be made for such period as the Controller may determine.<\/td>\n<\/tr>\n\n\nFurther reference of scheme to Controller.<\/h4>\n<\/td>\n153.<\/strong>\u2014(1) Where the Controller has, in respect of a licensing scheme under section 151 <\/em>or 152 <\/em>or under this section, made an order in respect of a scheme, and the order remains in force, the persons to whom this section applies may refer the scheme to the Controller in so far as it relates to cases of that description.<\/td>\n<\/tr>\n\n<\/td>\n | (2) This section applies to\u2014<\/td>\n<\/tr>\n | \n<\/td>\n | (a<\/em>) the operator of the scheme,<\/td>\n<\/tr>\n\n<\/td>\n | (b<\/em>) a person claiming that he or she requires a licence in a case of the description to which the order applies, and<\/td>\n<\/tr>\n\n<\/td>\n | (c<\/em>) an organisation claiming to be representative of the persons referred to in paragraph (b)<\/em>.<\/td>\n<\/tr>\n\n<\/td>\n | (3) Where an order under section 151 <\/em>or 152 <\/em>or this section is in force, the licensing scheme in respect of which the order is made shall not, except with the special leave of the Controller, be referred to the Controller in respect of the same description of cases\u2014<\/td>\n<\/tr>\n\n<\/td>\n | (a<\/em>) within 12 months from the date of the order in respect of the previous reference, or<\/td>\n<\/tr>\n\n<\/td>\n | (b<\/em>) where the order was made so as to be in force for 15 months or less, until the last 3 months before the expiration of the order.<\/td>\n<\/tr>\n\n<\/td>\n | (4) A scheme which has been referred to the Controller under subsection<\/em><\/p>\n (1) <\/em>shall remain in operation until proceedings in relation to the reference are concluded.<\/td>\n<\/tr>\n\n<\/td>\n | (5) The Controller shall consider the matter referred to him or her and shall make an order, confirming, varying or further varying the scheme, as the Controller may determine to be reasonable in the circumstances.<\/td>\n<\/tr>\n | \n<\/td>\n | (6) An order under subsection (5) <\/em>may be made for such period as the Controller may determine.<\/td>\n<\/tr>\n\n\nApplication for grant of licence in connection with licensing scheme.<\/h4>\n<\/td>\n154.<\/strong>\u2014(1) A person who claims, in a case to which a licensing scheme relates, that the operator of the scheme has refused to grant or to procure the grant to him or her of a licence in accordance with the scheme, or has failed to do so within a reasonable period, may apply to the Controller for an order under subsection (4)<\/em>.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n <\/p>\n \n\n\n<\/td>\n | (2) A person who claims, in a case excluded from a licensing scheme, that the operator of the scheme\u2014<\/td>\n<\/tr>\n | \n<\/td>\n | (a<\/em>) has refused to grant or to procure the grant to him or her of a licence, or has failed to do so within a reasonable period and that in the circumstances it is unreasonable that a licence should not be granted, or<\/td>\n<\/tr>\n\n<\/td>\n | (b<\/em>) proposes terms for a licence that are unreasonable,<\/td>\n<\/tr>\n\n<\/td>\n | may apply to the Controller for an order under subsection (4)<\/em>.<\/td>\n<\/tr>\n | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |