133 Licences to reflect payments in respect of underlying rights.U.K.
F1 [( 1 )In considering what charges should be paid for a licence—
(a)on a reference or application under this Chapter relating to licences for the rental or lending of copies of a work, or
(b)on an application under section 142 (royalty or other sum payable for lending of certain works), the Copyright Tribunal shall take into account any reasonable payments which the owner of the copyright in the work is liable to make in consequence of the granting of the licence, or of the acts authorised by the licence, to owners of copyright in works included in that work.]
(2)On any reference or application under this Chapter relating to licensing in respect of the copyright in sound recordings, films [F2or broadcasts], the Copyright Tribunal shall take into account, in considering what charges should be paid for a licence, any reasonable payments which the copyright owner is liable to make in consequence of the granting of the licence, or of the acts authorised by the licence, in respect of any performance included in the recording, film [F3or broadcast].
Textual Amendments
F1S. 133(1) substituted (1.12.1996) by S.I. 1996/2967, reg. 13(1) (with Pt. III)
F2Words in s. 133(2) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 3 para. 3(2)(b) (with regs. 31-40)
F3Words in s. 133(2) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), Sch. 3 para. 3(1)(k) (with regs. 31-40)