SCHEDULES

F1SCHEDULE 2A LICENSING OF PERFORMERS’ F2 ... RIGHTS

Annotations:
Amendments (Textual)
F1

Sch. 2A inserted (1.12.1996) by S.I. 1996/2967, reg. 22(2) (with Pt. III)

F2

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

General considerations: unreasonable discrimination

14

1

In determining what is reasonable on a reference or application under this Schedule relating to a licensing scheme or licence, the Copyright Tribunal shall have regard to—

a

the availability of other schemes, or the granting of other licences, to other persons in similar circumstances, and

b

the terms of those schemes or licences,

and shall exercise its powers so as to secure that there is no unreasonable discrimination between licensees, or prospective licensees, under the scheme or licence to which the reference or application relates and licensees under other schemes operated by, or other licences granted by, the same person.

2

This does not affect the Tribunal’s general obligation in any case to have regard to all relevant circumstances.