Copyright and Related Rights Act, 2000

Application for grant of licence in connection with licensing scheme.

345.—(1) A person who claims, in a case to which a licensing scheme relates, that the operator of the scheme has refused to grant or to procure the grant to him or her of a licence in accordance with the scheme, or has failed to do so within a reasonable period, may apply to the Controller for an order under subsection (4).

(2) A person who claims, in case excluded from a licensing scheme, that the operator of the scheme—

(a) has refused to grant or to procure the grant to him or her of a licence, or has failed to do so within a reasonable period and that in the circumstances it is unreasonable that a licence should not be granted, or

(b) proposes terms for a licence that are unreasonable,

may apply to the Controller for an order under subsection (4).

(3) A case shall be regarded as being excluded from a licensing scheme for the purposes of subsection (2) where—

(a) the scheme provides for the grant of licences, subject to terms excepting matters from the licence and the case is 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) Where the Controller is satisfied that a claim under this section is well-founded, he or she 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 Controller may determine to be applicable in accordance with the scheme, or, as the case may be, to be reasonable in the circumstances.

(5) An order under subsection (4) may be made for such period as the Controller may determine.