### Copyright Ordinance 《版權條例》

156. Reference of licensing scheme to Tribunal
(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 organization claiming to be representative of such persons,
that person or organization 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 remains 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.
[cf. 1988 c. 48 s. 119 U.K.]

157. Further reference of scheme to Tribunal
(1) Where the Copyright Tribunal has on a previous reference of a licensing scheme under section 155 or 156, 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 organization 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 may 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 12 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 3 months before the expiry of the order.
(3) A scheme which has been referred to the Tribunal under this section and which is in operation remains 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.
[cf. 1988 c. 48 s. 120 U.K.]

### Copyright Ordinance 《版權條例》

158. 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 for an order under this section.
(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 Tribunal for an order under this section.
(3) A case is 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.
[cf. 1988 c. 48 s. 121 U.K.]

### Copyright Ordinance 《版權條例》

159. Application for review of order as to entitlement to licence
(1) Where the Copyright Tribunal has made an order under section 158 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 may not be made, except with the special leave of the Tribunal—
(a) within 12 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 3 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.
[cf. 1988 c. 48 s. 122 U.K.]

### Copyright Ordinance 《版權條例》

160. 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 155 (reference of terms of proposed scheme); or
(b) under section 156 or 157 (reference of existing scheme to Tribunal),
is in force or, as the case may be, remains 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,
is 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, must be made in respect of charges already paid; and
(b) the reference in subsection (2)(a) to the charges payable under the scheme is to be construed as a reference to the charges so payable by virtue of the order.
(4) Where the Tribunal has made an order under section 158 (order as to entitlement to licence under licensing scheme) and the order remains in force, the person in whose favour the order is made, 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,
is 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.
[cf. 1988 c. 48 s. 123 U.K.]