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Contents

Section 132

(1)

Where the Copyright Tribunal has made an order under sections 129 or 130 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 them 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 that copyright 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 129, if assignment is not prohibited under the terms of the Copyright

Tribunal's order; and

(b)

in the case of an order under section 130, if assignment is not prohibited under the terms of the original licence.

(3)

The Copyright Tribunal may direct that an order under sections 129 or 130, or an order under section 131 varying such an order, so far as it varies the amount of charges payable, has effect from a date before the day on which it was made, but not earlier than the day 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 -

333

Effect of order of Tribunal.

General con-siderations:

unreasonable discrimina-tion.

Licences for reprographic copying.

Licences for educational establish-ments where works included in broadcasts or cable programmes.

{a}

any necessary repayments, or further payments, shall be made in respect of charges already paid; and

{b)

the reference in paragraph {a} of subsection (1) to charges payable in accordance with the order shall be construed, where the order is varied by a later order, as a reference to charges so payable under the later order.

Report

Chapter VIII

The Copyright Tribunal

Chapter IX

Qualification for and Extent of Copyright Protection

Chapter X

Miscellaneous and General

Schedules