Section 127
Section 127
(1)
A licensing scheme which has been confirmed or varied by the Copyright
Tribunal under sections 122, 123 or 124 shall be in force or, as the case may be, remain in force, so far as it relates to the description of case in respect of which the order was made, so long as the order remains in force.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
94
BLUV as at 24th December 2013
(2)
While the order is in force, a person who in a case of a class to which the order applies –
(a)
pays to the operator of the scheme any charges payable under the scheme in respect of a licence covering the case in question or, if the amount cannot be ascertained, gives an undertaking to the operator to pay them when ascertained; and
(b)
complies with the other terms applicable to such a licence under the scheme, shall be in the same position as regards infringement of copyright as if he had at all material times been the holder of a licence granted by the owner of that copyright in accordance with the scheme.
(3)
The Copyright Tribunal may direct that the order, so far as it varies the amount of charges payable, has effect from a date before the day on which it was made, but not earlier than the day on which the reference was made or, if later, on which the scheme came into force.
If such a direction is made –
(a)
any necessary repayments, or further payments, shall be made in respect of charges already paid; and
(b)
the reference in paragraph (a) of subsection (2) to charges payable under the scheme shall be construed as a reference to charges so payable under the order.
No such direction may be made where subsection (4) applies.