Section 148
Section 148
(1)
This section applies to –
(a)
a licensing scheme to which sections 122 to 127 apply and which is operated by a licensing body; or
(b)
a licence to which sections 129 to 132 apply, so far as it provides for the grant of licences, or is a licence, authorising the making by or on behalf of educational etablishments for the purpose of instruction of reprographic copies of published literary, dramatic, musical or artistic works, or of the typographical arrangement of published editions.
(2)
If it appears to the Attorney General with respect to a scheme or licence to which this section applies that –
(a)
works of a description similar to those covered by the scheme or licence are unreasonably excluded from it; and
(b)
making them subject to the scheme or licence would not conflict with the normal exploitation of the works or unreasonably prejudice the legitimate interests of the copyright owners, he may by order provide that the scheme or licence shall extend to those works.
(3)
Where he proposes to make such an order, the Attorney General shall give notice of the proposal to –
(a)
the copyright owners;
(b)
the relevant licensing body; and
(c)
such persons or organisations representative of educational establishments, and such other persons or organisations, as he thinks fit.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
108
BLUV as at 24th December 2013
(4)
The notice shall inform those persons of their right to make written or oral representations to the Attorney General about the proposal within six months from the date of the notice; and if any of them wishes to make oral representations, the Attorney General shall appoint a person to hear such representations and report to him.
(5)
In considering whether to make an order, the Attorney General shall take into account any such representations made to him and such other matters as appear to him to be relevant.
Variation or discharge of order extending scheme or licence.