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2(1)Paragraph 4 applies to any act restricted by the copyright in works containing information to which this Schedule applies done by the publisher if—
(a)a licence to do the act could be granted by the person providing the programme service but no such licence is held by the publisher,
(b)the person providing the programme service refuses to grant to the publisher a licence to do the act, being a licence of such duration, and of which the terms as to payment for doing the act are such, as would be acceptable to the publisher, and
(c)the publisher has complied with paragraph 3.
(2)The reference in sub-paragraph (1) to refusing to grant a licence includes failing to do so within a reasonable time of being asked.
(3)References below in this Schedule to the terms of payment are to the terms as to payment for doing any act restricted by the copyright in works containing information to which this Schedule applies.
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