Document ID: chunk:federal_register_of_legislation:C2005C00021:clause:9_132:p1
Version: federal_register_of_legislation:C2005C00021
Segment Type: clause
Provision Reference: sch 9 cl 132 (pt 1/2)
Character Range: 220569–223079

132  Compensation scheme for certain agreements made before Royal Assent

Application of item

(1) This item applies if:
 (a) the copyright in a work or other subject‑matter is owned by a person (the owner); and
 (b) before the day on which this Act receives the Royal Assent, another person made a written and lawful agreement with a third party; and
 (c) the agreement was entered into for the purposes of doing an act at a particular time that would, apart from this item, infringe the copyright; and
 (ca) that time is no later than 2 years from the US FTA commencement day; and
 (d) the agreement was made in reliance on the copyright having ceased to subsist before that time; and
 (e) because of the amendments made by this Part the copyright continues to subsist past that time.

Owner may notify person that owner objects to person doing the act

(2) Before the person does the act, the owner of the copyright may notify the person in writing that the owner objects to the person doing the act.

Owner may provide reasonable compensation to person

(3) If the owner does so, then the owner and the person may agree on:
 (a) an amount of reasonable compensation that the owner is to provide to the person; and
 (b) the day by which the owner is to provide the compensation.

(4) If the owner and the person cannot agree, either of them may apply to the Copyright Tribunal for the Tribunal to determine:
 (a) an amount of reasonable compensation that the owner is to provide to the person; and
 (b) the day by which the owner is to provide the compensation.

(4A) An amount of compensation agreed on or determined under this item or item 133 of this Schedule may only include compensation in respect of:
 (a) costs incurred by the person for the purposes of doing the act mentioned in paragraph (1)(c); and
 (b) costs incurred, or that may be incurred, by the person as a result of not being able to do that act.

(5) When the Copyright Tribunal has determined an amount of reasonable compensation, the owner is liable to pay that amount to the person by the day determined by the Tribunal. The person may recover that amount in a court of competent jurisdiction from the owner as a debt due to the person.

Person may do act if not notified by owner or if not paid reasonable compensation

(6) If the owner does not notify the person, or pay an amount of reasonable compensation to the person, in accordance with this item, then:
 (a) the person may do the act mentioned in paragraph (1)(c) at any time