Page:Copyright Act 1987.pdf/124

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124
NO. 2 OF 1987


(2) Where such a request is made, the Tribunal shall hold the inquiry and shall give every person or organisation that the Tribunal is satisfied has a substantial interest in the matter to which the inquiry relates an opportunity of presenting a case to the Tribunal.

(3) As soon as practicable after the completion of the inquiry, the Tribunal shall make a report in writing to the Minister setting out the result of the inquiry.

Applications to Tribunal for determination of remuneration payable to owner of copyright for copies made under statutory licence

158.—(1) This section shall apply where application is made to the Tribunal in pursuance of section 52(11) or 54(10) for the determination of an equitable remuneration to be paid to the owner of the copyright in a work for the making of copies or of a handicapped reader’s copy, as the case requires, of the whole or of a part of that work.

(2) The parties to an application in relation to which this section applies are—

(a) the owner of the copyright in a work; and
(b) the body by which, or on behalf of which, the copies or the handicapped reader’s copy referred to in subsection (1) were or was made.

(3) Where an application in relation to which this section applies is made to the Tribunal, the Tribunal shall consider the application and, after giving the parties to the application opportunities of presenting their cases —

(a) shall make an order determining the amount that it considers to be equitable remuneration to the owner of the copyright for the making of the copies or of the handicapped reader’s copy, as the case requires; and
(b) may, subject to the regulations, make such order as to costs as the Tribunal thinks fit.

(4) Where the Tribunal makes, under subsection (3), an order that one party to an application pay an amount by way of costs to the other