Copyright and Related Rights Act, 2000
Statutory licence where recommendation not implemented.
172.—(1) The Minister may, within one year of the making of a recommendation under section 171 , by order provide, that where the provision to which subsection (2) applies has not been made pursuant to 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 deemed to be licensed by the owners of the copyright in the works.
(2) For the purposes of subsection (1), provision shall be regarded as having been made pursuant to the recommendation where—
(a) a certified licensing scheme has been established under which a licence is available to the establishment concerned, or
(b) a general licence has been—
(i) granted to or for the benefit of that establishment,
(ii) referred by or on behalf of that establishment to the Controller under section 158 , 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) An existing licence authorising the making of the copies referred to in subsection (1) (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 restrictive or more onerous than the licence provided for by an order made under subsection (1).
(4) An order made under subsection (1) shall provide that the licence be free of any charge and, in relation to other matters, shall be subject to any terms specified in the recommendation and to such other terms as the Minister may think fit.
(5) Where a copy which would otherwise be an infringing copy is made pursuant to a licence provided for by an order made under subsection (1) and is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes.
(6) An order made under subsection (1) shall come into operation not less than 6 months after it is made and, subject to subsection (7), the order may be varied from time to time.
(7) An order made under subsection (1) shall not be varied so as to include works other than those to which the recommendation relates or to remove any terms specified in the recommendation.
(8) In this section, “certified licensing scheme” means a licensing scheme certified under section 173 for the purposes of this section.