§ 474 — Application to Tribunal for permission to be granted on reasonable terms

474.—(1) The following persons or organisations may make an application against a CMO to a Copyright Tribunal:(a)

a person (X) who claims, in a case to which a tariff scheme applies, that —(i)

the CMO operating the tariff scheme has refused to grant X (or procure the grant to X of) permission in accordance with the terms of the tariff scheme after a request was made by X; or

(ii)

the terms of the tariff scheme for granting (or procuring the grant of) permission to X are unreasonable in the circumstances;

(b)

a person (Y) who claims to require permission in a case where —(i)

a tariff scheme does not apply, has not been formulated or is not in force; and

(ii)

a CMO has —(A)

unreasonably refused to grant (or procure the grant of) the required permission after a request was made by Y; or

(B)

proposed to grant (or procure the grant of) permission to Y on terms that are unreasonable in the circumstances;

(c)

an organisation (Z) that is representative of persons to which paragraph (b) applies.

(2) For the purposes of subsection (1), a CMO is deemed to have refused to grant (or procure the grant of) permission to a person if it fails to grant (or procure the grant of) that permission within a reasonable time after a request to do so.

(3) The Tribunal must reject the application without considering its merits if —(a)

it is made by an organisation; and

(b)

the organisation is not reasonably representative of the persons it claims to represent.

(4) Subject to subsection (3), the Tribunal may, having regard to what is reasonable in the circumstances, order the CMO —(a)

to grant (or procure the grant of) the permission required by X, Y or the persons represented by Z, as the case may be; and

(b)

to do so on the terms specified by the Tribunal.

(5) While an order under subsection (4) has effect, X, Y or a person represented by Z (as the case may be) is deemed to have been granted the relevant permission if X, Y or the person complies with the terms specified by the Tribunal at all material times.

(6) For the purposes of subsection (5), if the terms specified by the Tribunal require the payment of a sum the amount of which cannot be ascertained at the material time, a person is deemed to have complied with those terms if the person —(a)

gives the CMO a written undertaking to pay the sum when it is ascertained; and

(b)

pays the sum to the CMO as soon as practicable when it is ascertained.

(7) If —(a)

while the order of the Tribunal has effect, a person does an act that —(i)

is a rights infringement; but

(ii)

would not be a rights infringement if permission is deemed to have been granted under subsection (5); and

(b)

the terms of the order require the payment of a sum for the grant of that permission,

the sum is recoverable as a debt due by the person to the CMO.

(8) Upon the payment or recovery of the sum mentioned in subsection (7), the person is deemed for the purposes of subsection (5) to have complied with the terms of the order so far as they relate to the payment of the sum.

—(1) The following persons or organisations may make an application against a CMO to a Copyright Tribunal:(a)

a person (X) who claims, in a case to which a tariff scheme applies, that —(i)

the CMO operating the tariff scheme has refused to grant X (or procure the grant to X of) permission in accordance with the terms of the tariff scheme after a request was made by X; or

(ii)

the terms of the tariff scheme for granting (or procuring the grant of) permission to X are unreasonable in the circumstances;

(b)

a person (Y) who claims to require permission in a case where —(i)

a tariff scheme does not apply, has not been formulated or is not in force; and

(ii)

a CMO has —(A)

unreasonably refused to grant (or procure the grant of) the required permission after a request was made by Y; or

(B)

proposed to grant (or procure the grant of) permission to Y on terms that are unreasonable in the circumstances;

(c)

an organisation (Z) that is representative of persons to which paragraph (b) applies.

(2) For the purposes of subsection (1), a CMO is deemed to have refused to grant (or procure the grant of) permission to a person if it fails to grant (or procure the grant of) that permission within a reasonable time after a request to do so.

(3) The Tribunal must reject the application without considering its merits if —(a)

it is made by an organisation; and

(b)

the organisation is not reasonably representative of the persons it claims to represent.

(4) Subject to subsection (3), the Tribunal may, having regard to what is reasonable in the circumstances, order the CMO —(a)

to grant (or procure the grant of) the permission required by X, Y or the persons represented by Z, as the case may be; and

(b)

to do so on the terms specified by the Tribunal.

(5) While an order under subsection (4) has effect, X, Y or a person represented by Z (as the case may be) is deemed to have been granted the relevant permission if X, Y or the person complies with the terms specified by the Tribunal at all material times.

(6) For the purposes of subsection (5), if the terms specified by the Tribunal require the payment of a sum the amount of which cannot be ascertained at the material time, a person is deemed to have complied with those terms if the person —(a)

gives the CMO a written undertaking to pay the sum when it is ascertained; and

(b)

pays the sum to the CMO as soon as practicable when it is ascertained.

(7) If —(a)

while the order of the Tribunal has effect, a person does an act that —(i)

is a rights infringement; but

(ii)

would not be a rights infringement if permission is deemed to have been granted under subsection (5); and

(b)

the terms of the order require the payment of a sum for the grant of that permission,

the sum is recoverable as a debt due by the person to the CMO.

(8) Upon the payment or recovery of the sum mentioned in subsection (7), the person is deemed for the purposes of subsection (5) to have complied with the terms of the order so far as they relate to the payment of the sum.