Copyright Act, 1963

Effects of orders of the Controller.

39.—(1) Where an order made on a reference under this Part of this Act with respect to a licence scheme is for the time being in force, any person who, in a case covered by the scheme as confirmed or varied by the order, does anything which—

(a) apart from this subsection would be an infringement of copyright, but

(b) would not be such an infringement if he were the holder of a licence granted in accordance with the scheme, as confirmed or varied by the order, in so far as the scheme relates to cases comprised in the order,

shall, if he has complied with the requirements specified in the next following subsection, be in the like position, in any proceedings for infringement of that copyright, as if he had at the material time been the holder of such a licence.

(2) The said requirements are—

(a) that, at all material times, the said person had complied with the terms and conditions which, in accordance with the licence scheme as confirmed or varied by the order, would be applicable to a licence covering the case in question, and

(b) if, in accordance with the scheme as so confirmed or varied, any charges are payable in respect of such a licence, that at the material time he had paid those charges to the licensing body operating the scheme, or, if at any time the amount payable could not be ascertained, he had given an undertaking to the licensing body to pay the charges when ascertained.

(3) Where the Controller has made an order under section 34 of this Act declaring that a person is entitled to a licence in respect of any matters specified in the order, then if—

(a) that person has complied with the terms and conditions specified in the order, and

(b) in a case where the order requires the payment of charges, he has paid those charges to the licensing body in accordance with the order, or, if the order so provides, has given to the licensing body an undertaking to pay the charges when ascertained,

he shall be in the like position, in any proceedings for infringement of copyright relating to any of those matters, 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 and conditions specified in the order.

(4) In the exercise of his jurisdiction in respect of licences relating to television broadcasts, the Controller shall have regard (among other matters) to any conditions imposed by the promoters of any entertainment or other event which is to be comprised in the broadcasts; and, in particular, the Controller 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.

(5) Nothing in the immediately preceding subsection of this section shall require the Controller to have regard to any such conditions as are mentioned in that subsection in so far as they purport to regulate the charges to be imposed in respect of the grant of licences, or in so far as they relate to payments to be made to the promoters of any event in consideration of the grant of facilities for broadcasting.

(6) Where, on a reference to the Controller under this Part of this Act—

(a) the reference relates to licences in respect of copyright in sound recordings or in television broadcasts, and

(b) the Controller is satisfied that any of the licences in question are required for the purposes of organisations such as are mentioned in paragraph (b) of subsection (8) of section 17 of this Act,

the Controller may, if he thinks fit, exercise his powers under this Part of this Act so as to reduce in the case of those organisations, to such extent as he thinks fit, the charges which he determines generally to be reasonable in relation to cases of the class to which the reference relates, or, if the Controller thinks fit, so as to exempt those organisations from the payment of any such charges.

(7) The immediately preceding subsection of this section shall have effect, with the necessary modifications, in relation to applications under this Part of this Act as it has effect in relation to references thereunder.

(8) In relation to copyright in a literary, dramatic or musical work, any reference in this section to proceedings for infringement of copyright includes a reference to proceedings brought by virtue of subsection (8) of section 27 of this Act.