### Copyright Ordinance 《版權條例》

161. Licences to which sections 162 to 166 apply
Sections 162 to 166 (references and applications with respect to licensing by licensing bodies) apply to licences which are granted by a licensing body otherwise than in pursuance of a licensing scheme and which cover works of more than one author, so far as they authorize—
(a) copying the work;
(b) where the work is a work referred to in section 25(1)(a), (b), (c) or (d), the rental of copies of the work to the public; (Amended 15 of 2007 s. 41; 16 of 2022 s. 73)
(c) performing, playing or showing the work in public;
(d) communicating the work to the public; (Replaced 16 of 2022 s. 73)
(e) issuing copies of the work to the public; (Amended 16 of 2022 s. 73)
(f) making adaptations of the work; or
(g) any other act restricted by the copyright in the work,
and references in those sections to a licence are to be construed accordingly.
[cf. 1988 c. 48 s. 124 U.K.]

162. Reference to Tribunal of proposed licence
(1) A prospective licensee may refer the terms on which a licensing body proposes to grant a licence to the Copyright Tribunal.
(2) The Tribunal shall first decide whether to entertain the reference, and may decline to do so on the ground that the reference is premature.
(3) If the Tribunal decides to entertain the reference it shall consider the terms of the proposed licence and make such order, either confirming or varying the terms, as it 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. 125 U.K.]

### Copyright Ordinance 《版權條例》

163. Reference to Tribunal of expiring licence
(1) A licensee under a licence which is due to expire, by effluxion of time or as a result of notice given by the licensing body, may apply to the Copyright Tribunal on the ground that it is unreasonable in the circumstances that the licence should cease to be in force.
(2) Such an application may not be made until the last 3 months before the licence is due to expire.
(3) A licence in respect of which a reference has been made to the Tribunal remains in operation until proceedings on the reference are concluded.
(4) If the Tribunal finds the application well-founded, it shall make an order declaring that the licensee continues to be entitled to the benefit of the licence on such terms as the Tribunal may determine to be reasonable in the circumstances.
(5) An order of the Tribunal under this section may be made so as to be in force indefinitely or for such period as the Tribunal may determine.
[cf. 1988 c. 48 s. 126 U.K.]

164. Tribunal may award interim payment and restrict application for interlocutory injunction
(1) Where an application has been made to the Copyright Tribunal under section 162 or 163, the Tribunal may of its own motion or on the application of the licensing body order the licensee to make such interim payment of such royalty as the Tribunal thinks just to the licensing body.
(2) Where a reference or an application has been made to the Tribunal under section 162 or 163, the Tribunal may of its own motion or on the application of the prospective licensee or licensee make an order that pending the final determination of the reference or application or until further order by the Tribunal, the licensing body shall not apply for any interlocutory injunction against the prospective licensee (in the case of a reference under section 162) or the licensee (in the case of an application under section 163).
(3) Where the Tribunal has made an order under subsection (2), any application for an interlocutory injunction in any court by the licensing body against the prospective licensee or licensee, as the case may be, shall not be entertained or, if it has been entertained, shall be stayed until the final determination of the reference or application or further order by the Tribunal.
(4) Subject to any earlier termination of the order, an order under subsection (2) ceases to have effect on the final determination of the reference or application, as the case may be.

### Copyright Ordinance 《版權條例》

165. Application for review of order as to licence
(1) Where the Copyright Tribunal has made an order under section 162 or 163, the licensing body or the person entitled to the benefit of the order 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 in the circumstances.
[cf. 1988 c. 48 s. 127 U.K.]

### Copyright Ordinance 《版權條例》

166. Effect of order of Tribunal as to licence
(1) Where the Copyright Tribunal has made an order under section 162 or 163 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 the charges 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 the copyright in question 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 162, if assignment is not prohibited under the terms of the Tribunal’s order; and
(b) in the case of an order under section 163, if assignment was not prohibited under the terms of the original licence.
(3) The Tribunal may direct that an order under section 162 or 163, or an order under section 165 varying such an 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 or application was made or, if later, on which the licence was granted or, as the case may be, was due to expire.
(4) 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 (1)(a) to the charges payable in accordance with the order is to be construed, where the order is varied by a later order, as a reference to the charges so payable by virtue of the later order.
[cf. 1988 c. 48 s. 128 U.K.]