116A Power to provide for licensing of orphan works
(1) The Secretary of State may by regulations provide for the grant of licences in respect of works that qualify as orphan works under the regulations.
(2) The regulations may—
(a) specify a person or a description of persons authorised to grant licences, or
(b) provide for a person designated in the regulations to specify a person or a description of persons authorised to grant licences
(3) The regulations must provide that, for a work to qualify as an orphan work, it is a requirement that the owner of copyright in it has not been found after a diligent search made in accordance with the regulations.
(4) The regulations may provide for the granting of licences to do, or authorise the doing of, any act restricted by copyright that would otherwise require the consent of the missing owner.
(5) The regulations must provide for any licence—
(a) to have effect as if granted by the missing owner;
(b) not to give exclusive rights;
(c) not to be granted to a person authorised to grant licences.
(6) The regulations may apply to a work although it is not known whether copyright subsists in it, and references to a missing owner and a right or interest of a missing owner are to be read as including references to a supposed owner and a supposed right or interest.
(1) The Secretary of State may by regulations provide for a licensing body that applies to the Secretary of State under the regulations to be authorised to grant copyright licences in respect of works in which copyright is not owned by the body or a person on whose behalf the body acts.
(2) An authorisation must specify—
(a) the types of work to which it applies, and
(b) the acts restricted by copyright that the licensing body is authorised to license.
(3) The regulations must provide for the copyright owner to have a right to limit or exclude the grant of licences by virtue of the regulations.
(4) The regulations must provide for any licence not to give exclusive rights.
(5) In this section “ copyright licences ” has the same meaning as in section 116.
(6) Nothing in this section applies in relation to Crown copyright or Parliamentary copyright.
116C General provision about licensing under sections 116A and 116B
(1) This section and section 116D apply to regulations under sections 116A and 116B.
(2) The regulations may provide for a body to be or remain authorised to grant licences only if specified requirements are met, and for a question whether they are met to be determined by a person, and in a manner, specified in the regulations.
(3) The regulations may specify other matters to be taken into account in any decision to be made under the regulations as to whether to authorise a person to grant licences.
(4) The regulations must provide for the treatment of any royalties or other sums paid in respect of a licence, including—
(a) the deduction of administrative costs;
(b) the period for which sums must be held;
(c) the treatment of sums after that period (as bona vacantia or otherwise).
(5) The regulations must provide for circumstances in which an authorisation to grant licences may be withdrawn, and for determining the rights and obligations of any person if an authorisation is withdrawn.
(6) The regulations may include other provision for the purposes of authorisation and licensing, including in particular provision—
(a) for determining the rights and obligations of any person if a work ceases to qualify as an orphan work (or ceases to qualify by reference to any copyright owner), or if a rights owner exercises the right referred to in section 116B(3), while a licence is in force;
(b) about maintenance of registers and access to them;
(c) permitting the use of a work for incidental purposes including an application or search;
(d) for a right conferred by section 77 to be treated as having been asserted in accordance with section 78;
(e) for the payment of fees to cover administrative expenses.
(1) The power to make regulations includes power—
(a) to make incidental, supplementary or consequential provision, including provision extending or restricting the jurisdiction of the Copyright Tribunal or conferring powers on it;
(b) to make transitional, transitory or saving provision;
(c) to make different provision for different purposes.
(2) Regulations under any provision may amend this Part, or any other enactment or subordinate legislation passed or made before that provision comes into force, for the purpose of making consequential provision or extending or restricting the jurisdiction of the Copyright Tribunal or conferring powers on it.
(3) Regulations may make provision by reference to guidance issued from time to time by any person.
(4) The power to make regulations is exercisable by statutory instrument.
(5) A statutory instrument containing regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
117 Licensing schemes to which following sections apply.
Sections 118 to 123 (references and applications with respect to licensing schemes) apply to licensing schemes which are operated by licensing bodies and cover works of more than one author, so far as they relate to licences for—
(a) copying the work,
(b) rental or lending of copies of the work to the public,
(c) performing, showing or playing the work in public, or
(d) communicating the work to the public;
and references in those sections to a licensing scheme shall be construed accordingly.
118 Reference of proposed licensing scheme to tribunal.
(1) The terms of a licensing scheme proposed to be operated by a licensing body may be referred to the Copyright Tribunal by an organisation claiming to be representative of persons claiming that they require licences in cases of a description to which the scheme would apply, either generally or in relation to any description of case.
(2) The Tribunal shall first decide whether to entertain the reference, and may decline to do so on the ground that the reference is premature.
(3) If the Tribunal decides to entertain the reference it shall considerthe matter referred and make such order, either confirming or varying the proposed scheme, either generally or so far as it relates to cases of the description to which the reference relates, as the Tribunal may determine to be reasonable in the circumstances.
(4) The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine.
(1) If while a licensing scheme is in operation a dispute arises between the operator of the scheme and—
(a) a person claiming that he requires a licence in a case of a description to which the scheme applies, or
(b) an organisation claiming to be representative of such persons,
that person or organisation may refer the scheme to the Copyright Tribunal in so far as it relates to cases of that description.
(2) A scheme which has been referred to the Tribunal under this section shall remain in operation until proceedings on the reference are concluded.
(3) The Tribunal shall consider the matter in dispute and make such order, either confirming or varying the scheme so far as it relates to cases of the description to which the reference relates, as the Tribunal may determine to be reasonable in the circumstances.
(4) The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine.
(1) Where the Copyright Tribunal has on a previous reference of a licensing scheme under section 118, 119 or 128A, or under this section, made an order with respect to the scheme, then, while the order remains in force—
(a) the operator of the scheme,
(b) a person claiming that he requires a licence in a case of the description to which the order applies, or
(c) an organisation claiming to be representative of such persons,
may refer the scheme again to the Tribunal so far as it relates to cases of that description.
(2) A licensing scheme shall not, except with the special leave of the Tribunal, be referred again to the Tribunal in respect of the same description of cases—
(a) within twelve months from the date of the order on the previous reference, or
(b) if the order was made so as to be in force for 15 months or less, until the last three months before the expiry of the order.
(3) A scheme which has been referred to the Tribunal under this section shall remain in operation until proceedings on the reference are concluded.
(4) The Tribunal shall consider the matter in dispute and make such order, either confirming, varying or further varying the scheme so far as it relates to cases of the description to which the reference relates, as the Tribunal may determine 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 Tribunal may determine.
121 Application for grant of licence in connection with licensing scheme.
(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 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 asked, 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 a licence or procure the grant to him of a licence, or has failed to do so within a reasonable time of being asked, 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 purposes 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 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 is entitled to a licence on such terms as the 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 Tribunal may determine.
122 Application for review of order as to entitlement to licence.
(1) Where the Copyright Tribunal has made an order under section 121 that a person is entitled to a licence under a licensing scheme, the operator of the scheme or the original applicant may apply to the Tribunal to review its order.
(2) An application shall not be made, except with the special leave of the Tribunal—
(a) within twelve months from the date of the order, or of the decision on a previous application under this section, or
(b) if the order was made so as to be in force for 15 months or less, or as a result of the decision on a previous application under this section is due to expire within 15 months of that decision, until the last three months before the expiry date.
(3) The Tribunal shall on an application for review confirm or vary its order as the Tribunal may determine to be reasonable having regard to the terms applicable in accordance with the licensing scheme or, as the case may be, the circumstances of the case.
123 Effect of order of tribunal as to licensing scheme.
(1) A licensing scheme which has been confirmed or varied by the Copyright Tribunal—
(a) under section 118 (reference of terms of proposed scheme), or
(b) under section 119 or 120 (reference of existing scheme to Tribunal),
shall be in force or, as the case may be, remain in operation, 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.
(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 the copyright in question in accordance with the scheme.
(3) The Tribunal may direct that the order, so far as it varies the amount of charges payable, has effect from a date before that on which it is made, but not earlier than the date on which the reference was made or, if later, on which the scheme came into operation.
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 subsection (2)(a) to the charges payable under the scheme shall be construed as a reference to the charges so payable by virtue of the order.
No such direction may be made where subsection (4) below applies.
(4) An order of the Tribunal under section 119 or 120 made with respect to a scheme which is certified for any purpose under section 143 has effect, so far as it varies the scheme by reducing the charges payable for licences, from the date on which the reference was made to the Tribunal.
(5) Where the Tribunal has made an order under section 121 (order as to entitlement to licence under licensing scheme) and the order remains in force, the person in whose favour the order is made shall if he—
(a) pays to the operator of the scheme any charges payable in accordance with the order or, if the amount cannot be ascertained, gives an undertaking to pay the charges 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 the copyright in question on the terms specified in the order.
Sections 125 to 128 (references and applications with respect to licensing by licensing bodies) apply to licences which are granted by a licensing body otherwise than in pursuance of a licensing scheme and cover works of more than one author, so far as they authorise—
(a) copying the work,
(b) rental or lending of copies of the work to the public,
(c) performing, showing or playing the work in public, or
(d) communicating the work to the public;
and references in those sections to a licence shall be construed accordingly.
(1) The terms on which a licensing body proposes to grant a licence may be referred to the Copyright Tribunal by the prospective licensee.
(2) The Tribunal shall first decide whether to entertain the reference, and may decline to do so on the ground that the reference is premature.
(3) If the Tribunal decides to entertain the reference it shall consider the terms of the proposed licence and make such order, either confirming or varying the terms, as it may determine to be reasonable in the circumstances.
(4) The order may be made so as to be in force indefinitely or for such period as the Tribunal may determine.
(1) A licensee under a licence which is due to expire, by effluxion of time or as a result of notice given by the licensing body, may apply to the Copyright Tribunal on the ground that it is unreasonable in the circumstances that the licence should cease to be in force.
(2) Such an application may not be made until the last three months before the licence is due to expire.
(3) A licence in respect of which a reference has been made to the Tribunal shall remain in operation until proceedings on the reference are concluded.
(4) If the Tribunal finds the application well-founded, it shall make an order declaring that the licensee shall continue to be entitled to the benefit of the licence on such terms as the Tribunal may determine to be reasonable in the circumstances.
(5) An order of the Tribunal under this section may be made so as to be in force indefinitely or for such period as the Tribunal may determine.
127 Application for review of order as to licence.
(1) Where the Copyright Tribunal has made an order under section 125, 126 or 128B (where that order did not relate to a licensing scheme), the licensing body or the person entitled to the benefit of the order may apply to the Tribunal to review its order.
(2) An application shall not be made, except with the special leave of the Tribunal—
(a) within twelve months from the date of the order or of the decision on a previous application under this section, or
(b) if the order was made so as to be in force for 15 months or less, or as a result of the decision on a previous application under this section is due to expire within 15 months of that decision, until the last three months before the expiry date.
(3) The Tribunal shall on an application for review confirm or vary its order as the Tribunal may determine to be reasonable in the circumstances.
(1) Where the Copyright Tribunal has made an order under section 125 or 126 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 the charges 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 the copyright in question 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 125, if assignment is not prohibited under the terms of the Tribunal’s order; and
(b) in the case of an order under section 126, if assignment was not prohibited under the terms of the original licence.
(3) The Tribunal may direct that an order under section 125 or 126, or an order under section 127 varying such an order, so far as it varies the amount of charges payable, has effect from a date before that on which it is made, but not earlier than the date 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 subsection (1)(a) to the charges payable in accordance with the order shall be construed, where the order is varied by a later order, as a reference to the charges so payable by virtue of the later order.
129 General considerations: unreasonable discrimination.
In determining what is reasonable on a reference or application under this Chapter relating to a licensing scheme or licence, the Copyright Tribunal shall have regard to—
(a) the availability of other schemes, or the granting of other licences, to other persons in similar circumstances, and
(b) the terms of those schemes or licences,
and shall exercise its powers so as to secure that there is no unreasonable discrimination between licensees, or prospective licensees, under the scheme or licence to which the reference or application relates and licensees under other schemes operated by, or other licences granted by, the same person.
Where a reference or application is made to the Copyright Tribunal under this Chapter relating to the licensing of reprographic copying of published literary, dramatic, musical or artistic works, or the typographical arrangement of published editions, the Tribunal shall have regard to—
(a) the extent to which published editions of the works in question are otherwise available,
(b) the proportion of the work to be copied, and
(c) the nature of the use to which the copies are likely to be put.
131 Licences for educational establishments in respect of works included in broadcasts . . . .
(1) This section applies to references or applications under this Chapter relating to licences for the recording by or on behalf of educational establishments of broadcasts . . . which include copyright works, or the making of copies of such recordings, for educational purposes.
(2) The Copyright Tribunal shall, in considering what charges (if any) should be paid for a licence, have regard to the extent to which the owners of copyright in the works included in the broadcast . . . have already received, or are entitled to receive, payment in respect of their inclusion.
132 Licences to reflect conditions imposed by promoters of events.
(1) This section applies to references or applications under this Chapter in respect of licences relating to sound recordings, films or broadcasts which include, or are to include, any entertainment or other event.
(2) The Copyright Tribunal shall have regard to any conditions imposed by the promoters of the entertainment or other event; and, in particular, the Tribunal shall not hold a refusal or failure to grant a licence to be unreasonable if it could not have been granted consistently with those conditions.
(3) Nothing in this section shall require the Tribunal to have regard to any such conditions in so far as they—
(a) purport to regulate the charges to be imposed in respect of the grant of licences, or
(b) relate to payments to be made to the promoters of any event in consideration of the grant of facilities for making the recording, film or broadcast.
133 Licences to reflect payments in respect of underlying rights.
(1) In considering what charges should be paid for a licence—
(a) on a reference or application under this Chapter relating to licences for the rental or lending of copies of a work, or
(b) on an application under section 142 (royalty or other sum payable for lending of certain works), the Copyright Tribunal shall take into account any reasonable payments which the owner of the copyright in the work is liable to make in consequence of the granting of the licence, or of the acts authorised by the licence, to owners of copyright in works included in that work.
(2) On any reference or application under this Chapter relating to licensing in respect of the copyright in sound recordings, films or broadcasts, the Copyright Tribunal shall take into account, in considering what charges should be paid for a licence, any reasonable payments which the copyright owner is liable to make in consequence of the granting of the licence, or of the acts authorised by the licence, in respect of any performance included in the recording, film or broadcast.
134 Licences in respect of works included in re-transmissions.
(1) ... this section applies to references or applications under this Chapter relating to licences to include in a broadcast ...—
(a) literary, dramatic, musical or artistic works, or,
(b) sound recordings or films,
where one broadcast ... (“the first transmission”) is, by reception and immediate re-transmission, to be further broadcast ... (“the further transmission”).
(2) So far as the further transmission is to the same area as the first transmission, the Copyright Tribunal shall, in considering what charges (if any) should be paid for licences for either transmission, have regard to the extent to which the copyright owner has already received, or is entitled to receive, payment for the other transmission which adequately remunerates him in respect of transmissions to that area.
(3) So far as the further transmission is to an area outside that to which the first transmission was made, the Tribunal shall ... leave the further transmission out of account in considering what charges (if any) should be paid for licences for the first transmission.
(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
135 Mention of specific matters not to exclude other relevant considerations.
The mention in sections 129 to 134 of specific matters to which the Copyright Tribunal is to have regard in certain classes of case does not affect the Tribunal’s general obligation in any case to have regard to all relevant considerations.
(1) Section 135C applies to the inclusion in a broadcast . . . of any sound recordings if—
(a) a licence to include those recordings in the broadcast . . . could be granted by a licensing body or such a body could procure the grant of a licence to do so,
(b) the condition in subsection (2) or (3) applies, and
(c) the person including those recordings in the broadcast . . . has complied with section 135B.
(2) Where the person including the recordings in the broadcast . . . does not hold a licence to do so, the condition is that the licensing body refuses to grant, or procure the grant of, such a licence, being a licence—
(a) whose terms as to payment for including the recordings in the broadcast . . . would be acceptable to him or comply with an order of the Copyright Tribunal under section 135D relating to such a licence or any scheme under which it would be granted, and
(b) allowing unlimited needletime or such needletime as he has demanded.
(3) Where he holds a licence to include the recordings in the broadcast . . . , the condition is that the terms of the licence limit needletime and the licensing body refuses to substitute or procure the substitution of terms allowing unlimited needletime or such needletime as he has demanded, or refuses to do so on terms that fall within subsection (2)(a).
(4) The references in subsection (2) to refusing to grant, or procure the grant of, a licence, and in subsection (3) to refusing to substitute or procure the substitution of terms, include failing to do so within a reasonable time of being asked.
(5) In the group of sections from this section to section 135G—
“ broadcast ” does not include any broadcast which is a transmission of the kind specified in section 6(1A)(b) or (c);
“ needletime ” means the time in any period (whether determined as a number of hours in the period or a proportion of the period, or otherwise) in which any recordings may be included in a broadcast . . . ;
“ sound recording ” does not include a film sound track when accompanying a film.
(6) In sections 135B to 135G, “ terms of payment ” means terms as to payment for including sound recordings in a broadcast . . . .
(1) A person intending to avail himself of the right conferred by section 135C must—
(a) give notice to the licensing body of his intention to exercise the right, asking the body to propose terms of payment, and
(b) after receiving the proposal or the expiry of a reasonable period, give reasonable notice to the licensing body of the date on which he proposes to begin exercising that right, and the terms of payment in accordance with which he intends to do so.
(2) Where he has a licence to include the recordings in a broadcast . . . , the date specified in a notice under subsection (1)(b) must not be sooner than the date of expiry of that licence except in a case falling within section 135A(3).
(3) Before the person intending to avail himself of the right begins to exercise it, he must—
(a) give reasonable notice to the Copyright Tribunal of his intention to exercise the right, and of the date on which he proposes to begin to do so, and
(b) apply to the Tribunal under section 135D to settle the terms of payment.
(1) A person who, on or after the date specified in a notice under section 135B(1)(b), includes in a broadcast . . . any sound recordings in circumstances in which this section applies, and who—
(a) complies with any reasonable condition, notice of which has been given to him by the licensing body, as to inclusion in the broadcast . . . of those recordings,
(b) provides that body with such information about their inclusion in the broadcast . . . as it may reasonably require, and
(c) makes the payments to the licensing body that are required by this section,
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 the copyright in question.
(2) Payments are to be made at not less than quarterly intervals in arrears.
(3) The amount of any payment is that determined in accordance with any order of the Copyright Tribunal under section 135D or, if no such order has been made—
(a) in accordance with any proposal for terms of payment made by the licensing body pursuant to a request under section 135B, or
(b) where no proposal has been so made or the amount determined in accordance with the proposal so made is unreasonably high, in accordance with the terms of payment notified to the licensing body under section 135B(1)(b).
(4) Where this section applies to the inclusion in a broadcast . . . of any sound recordings, it does so in place of any licence.
(1) On an application to settle the terms of payment, the Copyright Tribunal shall consider the matter and make such order as it may determine to be reasonable in the circumstances.
(2) An order under subsection (1) has effect from the date the applicant begins to exercise the right conferred by section 135C and any necessary repayments, or further payments, shall be made in respect of amounts that have fallen due.
135E References etc. about conditions, information and other terms.
(1) A person exercising the right conferred by section 135C, or who has given notice to the Copyright Tribunal of his intention to do so, may refer to the Tribunal—
(a) any question whether any condition as to the inclusion in a broadcast . . . of sound recordings, notice of which has been given to him by the licensing body in question, is a reasonable condition, or
(b) any question whether any information is information which the licensing body can reasonably require him to provide.
(2) On a reference under this section, the Tribunal shall consider the matter and make such order as it may determine to be reasonable in the circumstances.
(1) A person exercising the right conferred by section 135C or the licensing body may apply to the Copyright Tribunal to review any order under section 135D or 135E.
(2) An application shall not be made, except with the special leave of the Tribunal—
(a) within twelve months from the date of the order, or of the decision on a previous application under this section, or
(b) if the order was made so as to be in force for fifteen months or less, or as a result of a decision on a previous application is due to expire within fifteen months of that decision, until the last three months before the expiry date.
(3) On the application the Tribunal shall consider the matter and make such order confirming or varying the original order as it may determine to be reasonable in the circumstances.
(4) An order under this section has effect from the date on which it is made or such later date as may be specified by the Tribunal.
(1) In determining what is reasonable on an application or reference under section 135D or 135E, or on reviewing any order under section 135F, the Copyright Tribunal shall—
(a) have regard to the terms of any orders which it has made in the case of persons in similar circumstances exercising the right conferred by section 135C, and
(b) exercise its powers so as to secure that there is no unreasonable discrimination between persons exercising that right against the same licensing body.
(2) In settling the terms of payment under section 135D, the Tribunal shall not be guided by any order it has made under any enactment other than that section.
(3) Section 134 (factors to be taken into account: retransmissions) applies on an application or reference under sections 135D to 135F as it applies on an application or reference relating to a licence.
(1) The Secretary of State may by order, subject to such transitional provision as appears to him to be appropriate, amend sections 135A to 135G so as—
(a) to include in any reference to sound recordings any works of a description specified in the order; or
(b) to exclude from any reference to a broadcast . . . any broadcast . . . of a description so specified.
(2) An order shall be made by statutory instrument; and no order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.
136 Implied indemnity in certain schemes and licences for reprographic copying.
(1) This section applies to—
(a) schemes for licensing reprographic copying of published literary, dramatic, musical or artistic works, or the typographical arrangement of published editions, and
(b) licences granted by licensing bodies for such copying,
where the scheme or licence does not specify the works to which it applies with such particularity as to enable licensees to determine whether a work falls within the scheme or licence by inspection of the scheme or licence and the work.
(2) There is implied—
(a) in every scheme to which this section applies an undertaking by the operator of the scheme to indemnify a person granted a licence under the scheme, and
(b) in every licence to which this section applies an undertaking by the licensing body to indemnify the licensee,
against any liability incurred by him by reason of his having infringed copyright by making or authorising the making of reprographic copies of a work in circumstances within the apparent scope of his licence.
(3) The circumstances of a case are within the apparent scope of a licence if—
(a) it is not apparent from inspection of the licence and the work that it does not fall within the description of works to which the licence applies; and
(b) the licence does not expressly provide that it does not extend to copyright of the description infringed.
(4) In this section “liability” includes liability to pay costs; and this section applies in relation to costs reasonably incurred by a licensee in connection with actual or contemplated proceedings against him for infringement of copyright as it applies to sums which he is liable to pay in respect of such infringement.
(5) A scheme or licence to which this section applies may contain reasonable provision—
(a) with respect to the manner in which, and time within which, claims under the undertaking implied by this section are to be made;
(b) enabling the operator of the scheme or, as the case may be, the licensing body to take over the conduct of any proceedings affecting the amount of his liability to indemnify.
137 Power to extend coverage of scheme or licence.
(1) This section applies to—
(a) a licensing scheme to which sections 118 to 123 apply (see section 117) and which is operated by a licensing body, or
(b) a licence to which sections 125 to 128 apply (see section 124),
so far as it provides for the grant of licences, or is a licence, authorising the making by or on behalf of educational establishments for the purposes 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 Secretary of State 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 Secretary of State shall give notice of the proposal to—
(a) the copyright owners,
(b) the licensing body in question, and
(c) such persons or organisations representative of educational establishments, and such other persons or organisations, as the Secretary of State thinks fit.
(4) The notice shall inform those persons of their right to make written or oral representations to the Secretary of State about the proposal within six months from the date of the notice; and if any of them wishes to make oral representations, the Secretary of State shall appoint a person to hear the representations and report to him.
(5) In considering whether to make an order the Secretary of State shall take into account any representations made to him in accordance with subsection (4), and such other matters as appear to him to be relevant.
138 Variation or discharge of order extending scheme or licence.
(1) The owner of the copyright in a work in respect of which an order is in force under section 137 may apply to the Secretary of State for the variation or discharge of the order, stating his reasons for making the application.
(2) The Secretary of State shall not entertain an application made within two years of the making of the original order, or of the making of an order on a previous application under this section, unless it appears to him that the circumstances are exceptional.
(3) On considering the reasons for the application the Secretary of State may confirm the order forthwith; if he does not do so, he shall give notice of the application to—
(a) the licensing body in question, and
(b) such persons or organisations representative of educational establishments, and such other persons or organisations, as he thinks fit.
(4) The notice shall inform those persons of their right to make written or oral representations to the Secretary of State about the application within the period of two months from the date of the notice; and if any of them wishes to make oral representations, the Secretary of State shall appoint a person to hear the representations and report to him.
(5) In considering the application the Secretary of State shall take into account the reasons for the application, any representations made to him in accordance with subsection (4), and such other matters as appear to him to be relevant.
(6) The Secretary of State may make such order as he thinks fit confirming or discharging the order (or, as the case may be, the order as previously varied), or varying (or further varying) it so as to exclude works from it.
(1) The owner of the copyright in a work which is the subject of an order under section 137 (order extending coverage of scheme or licence) may appeal to the Copyright Tribunal which may confirm or discharge the order, or vary it so as to exclude works from it, as it thinks fit having regard to the considerations mentioned in subsection (2) of that section.
(2) Where the Secretary of State has made an order under section 138 (order confirming, varying or discharging order extending coverage of scheme or licence)—
(a) the person who applied for the order, or
(b) any person or organisation representative of educational establishments who was given notice of the application for the order and made representations in accordance with subsection (4) of that section,
may appeal to the Tribunal which may confirm or discharge the order or make any other order which the Secretary of State might have made.
(3) An appeal under this section shall be brought within six weeks of the making of the order or such further period as the Tribunal may allow.
(4) An order under section 137 or 138 shall not come into effect until the end of the period of six weeks from the making of the order or, if an appeal is brought before the end of that period, until the appeal proceedings are disposed of or withdrawn.
(5) If an appeal is brought after the end of that period, any decision of the Tribunal on the appeal does not affect the validity of anything done in reliance on the order appealed against before that decision takes effect.
140 Inquiry whether new scheme or general licence required.
(1) The Secretary of State may appoint a person to inquire into the question whether new provision is required (whether by way of a licensing scheme or general licence) to authorise the making by or on behalf of educational establishments for the purposes of instruction of reprographic copies of—
(a) published literary, dramatic, musical or artistic works, or
(b) the typographical arrangement of published editions,
of a description which appears to the Secretary of State not to be covered by an existing licensing scheme or general licence and not to fall within the power conferred by section 137 (power to extend existing schemes and licences to similar works).
(2) The procedure to be followed in relation to an inquiry shall be such as may be prescribed by regulations made by the Secretary of State.
(3) The regulations shall, in particular, provide for notice to be given to—
(a) persons or organisations appearing to the Secretary of State to represent the owners of copyright in works of that description, and
(b) persons or organisations appearing to the Secretary of State to represent educational establishments,
and for the making of written or oral representations by such persons; but without prejudice to the giving of notice to, and the making of representations by, other persons and organisations.
(4) The person appointed to hold the inquiry shall not recommend the making of new provision unless he is satisfied—
(a) that it would be of advantage to educational establishments to be authorised to make reprographic copies of the works in question, and
(b) that making those works subject to a licensing scheme or general licence would not conflict with the normal exploitation of the works or unreasonably prejudice the legitimate interests of the copyright owners.
(5) If he does recommend the making of new provision he shall specify any terms, other than terms as to charges payable, on which authorisation under the new provision should be available.
(6) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7) In this section (and section 141) a “general licence” means a licence granted by a licensing body which covers all works of the description to which it applies.
141 Statutory licence where recommendation not implemented.
(1) The Secretary of State may, within one year of the making of a recommendation under section 140 by order provide that if, or to the extent that, provision has not been made in accordance with the recommendation, the making by or on behalf of an educational establishment, for the purposes of instruction, of reprographic copies of the works to which the recommendation relates shall be treated as licensed by the owners of the copyright in the works.
(2) For that purpose provision shall be regarded as having been made in accordance with the recommendation if—
(a) a certified licensing scheme has been established under which a licence is available to the establishment in question, or
(b) a general licence has been—
(i) granted to or for the benefit of that establishment, or
(ii) referred by or on behalf of that establishment to the Copyright Tribunal under section 125 (reference of terms of proposed licence), or
(iii) offered to or for the benefit of that establishment and refused without such a reference,
and the terms of the scheme or licence accord with the recommendation.
(3) The order shall also provide that any existing licence authorising the making of such copies (not being a licence granted under a certified licensing scheme or a general licence) shall cease to have effect to the extent that it is more restricted or more onerous than the licence provided for by the order.
(4) The order shall provide for the licence to be free of royalty but, as respects other matters, subject to any terms specified in the recommendation and to such other terms as the Secretary of State may think fit.
(5) The order may provide that where a copy which would otherwise be an infringing copy is made in accordance with the licence provided by the order but is subsequently dealt with, it shall be treated as an infringing copy for the purposes of that dealing, and if that dealing infringes copyright for all subsequent purposes.
In this subsection “dealt with” means sold or let for hire, offered or exposed for sale or hire, or exhibited in public.
(6) The order shall not come into force until at least six months after it is made.
(7) An order may be varied from time to time, but not so as to include works other than those to which the recommendation relates or remove any terms specified in the recommendation, and may be revoked.
(8) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(9) In this section a “certified licensing scheme” means a licensing scheme certified for the purposes of this section under section 143.
142 Royalty or other sum payable for lending of certain works.
(1) An application to settle the royalty or other sum payable in pursuance of section 66 (lending of copies of certain copyright works) may be made to the Copyright Tribunal by the copyright owner or the person claiming to be treated as licensed by him.
(2) The Tribunal shall consider the matter and make such order as it may determine to be reasonable in the circumstances.
(3) Either party may subsequently apply to the Tribunal to vary the order, and the Tribunal shall consider the matter and make such order confirming or varying the original order as it may determine to be reasonable in the circumstances.
(4) An application under subsection (3) shall not, except with the special leave of the Tribunal, be made within twelve months from the date of the original order or of the order on a previous application under that subsection.
(5) An order under subsection (3) has effect from the date on which it is made or such later date as may be specified by the Tribunal.