Section 132
Section 132
(1)
Where the Copyright Tribunal has made an order under sections 129 or 130 and the order remains in force, the person entitled to the benefit of the order shall, if he –
(a)
pays to the licensing body any charges payable in accordance with the order or, if the amount cannot be ascertained, gives an undertaking to pay them when ascertained; and
(b)
complies with the other terms specified in the order, 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 on the terms specified in the order.
(2)
The benefit of the order may be assigned –
(a)
in the case of an order under section 129, if assignment is not prohibited under the terms of the Copyright Tribunal’s order; and
(b)
in the case of an order under section 130, if assignment is not prohibited under the terms of the original licence.
(3)
The Copyright Tribunal may direct that an order under sections 129 or 130, or an order under section 131 varying such an 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
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
98
BLUV as at 24th December 2013
day on which the reference or application was made or, if later, on which the licence was granted or, as the case may be, was due to expire. 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 (1) to charges payable in accordance with the order shall be construed, where the order is varied by a later order, as a reference to charges so payable under the later order.
Factors to be taken into account in certain classes of case
General considerations: unreasonable discrimination.