Copyright Act, 1978 (Act No. 98 of 1978)Chapter 3 : Copyright Tribunal33. Applications to tribunal |
| (1) | For the purposes of this Chapter a case shall be taken to be covered by a licence scheme if, in accordance with a licence scheme for the time being in operation, licences would be granted in cases of the class to which that case belongs: Provided that where in accordance with the provisions of a licence scheme— |
| (a) | the licences which would be so granted would be subject to terms and conditions whereby particular matters would be excepted from the licences; and |
| (b) | the case in question relates to one or more matters falling within such an exception, that case shall be taken not to be covered by the scheme. |
| (2) | Any person who claims that in a case covered by a licence scheme the licensing body operating the scheme has refused or failed to grant him a licence in accordance with the provisions of the scheme or to procure the grant to him of such a licence, may apply to the tribunal for an order under this section. |
| (3) | An application for such an order may also be made by any person who claims that he requires a licence in a case not covered by a licence scheme, and either— |
| (a) | that a licensing body or person has refused or failed to grant the licence or to procure the grant thereof, and that in the circumstances it is unreasonable that the licence should not be granted; or |
| (b) | that any charges, terms or conditions subject to which a licensing body proposes that the licence should be granted are unreasonable. |
| (4) | Where an organisation (whether claiming to be representative of persons requiring licences or not) or a person (whether requiring a licence or not) applies to the tribunal to be made a party to an application under subsection (2) or (3), and the tribunal is satisfied that the organisation or person has a substantial interest in the matter in dispute, the tribunal may if it thinks fit make that organisation or person a party to the application. |
| (5) | On any application under subsection (2) or (3) the tribunal shall give the applicant and the licensing body in question and every other party to the application an opportunity of presenting his case, and if the tribunal is satisfied that the claim of the applicant 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 and conditions and subject to the payment of such charges (if any) as the tribunal may— |
| (a) | in the case of an application under subsection (2), determine to be applicable in accordance with the licence scheme; or |
| (b) | in the case of an application under subsection (3), determine to be reasonable in the circumstances. |
| (6) | Any reference in this section to failure to grant or procure the grant of a licence shall be construed as including a reference to a failure to grant it or to procure the grant thereof within a reasonable time after being requested to do so. |