Section 125
Section 125
(1)
A person who claims, in a case covered by a licensing scheme, that the operator of the scheme has refused to grant him or to procure the grant to him of a licence in accordance with the scheme, or has failed to do so within a reasonable time after being so requested, may apply to the Copyright Tribunal.
(2)
A person who claims, in a case excluded from a licensing scheme, that the operator of the scheme either –
(a)
has refused to grant him or to procure the grant to him of a licence, or has failed to do so within a reasonable time after being so requested, and that in the circumstances it is unreasonable that a licence should not be granted; or
(b)
proposes terms for a licence which are unreasonable, may apply to the
Copyright Tribunal.
(3)
A case shall be regarded as excluded from a licensing scheme for the purpose of subsection (2) if –
(a)
the scheme provides for the grant of licences subject to terms excepting matters from the licence and the case falls within such an exception; or
(b)
the case is so similar to those in which licences are granted under the scheme that it is unreasonable that it should not be dealt with in the same way.
(4)
If the Copyright Tribunal is satisfied that the claim is well-founded, it shall make an order declaring that, in respect of the matters specified in the order, the applicant
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
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BLUV as at 24th December 2013
is entitled to a licence on such terms as the Copyright Tribunal may determine to be applicable in accordance with the scheme or, as the case may be, to be reasonable in the circumstances.
(5)
The order may be made so as to be in force indefinitely or for such period as the Copyright Tribunal may determine.
Application for review of order as to entitlement to licence.