SCHEDULES
SCHEDULE 2A

LICENSING OF PERFORMERS’
... RIGHTS

Application for grant of licence in connection with licensing scheme
6
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.
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 Copyright Tribunal.
3
A case shall be regarded as excluded from a licensing scheme for the purposes of sub-paragraph (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.
Sch. 2A inserted (1.12.1996) by S.I. 1996/2967, reg. 22(2) (with Pt. III)
Word in Sch. 2A heading omitted (25.4.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(1), Sch. 22 para. 3