US Free Trade Agreement Implementation Act 2004 (120 of 2004)

Schedule 9   Copyright amendments

Part 6   Duration of copyright in works and other subject-matter

Copyright Act 1968

133   Applications to Copyright Tribunal for determination of reasonable compensation payable

 

(1) This item applies if an application is made to the Copyright Tribunal under item 132 for the determination of reasonable compensation to be paid by the owner of the copyright in a work or other subject-matter to a person mentioned in paragraph 132(1)(b).

      

(2) The parties to the application are:

(a) the owner of the copyright; and

(b) the person mentioned in that paragraph.

      

(3) The Tribunal must consider the application and, after giving to the parties an opportunity of presenting their cases, must make an order determining the amount of compensation that it considers to be reasonable in all of the circumstances.

      

(4) In this item:

owner , in relation to the copyright in a work or other subject-matter at a particular time in respect of a particular act, includes an exclusive licensee of the copyright in the work or subject-matter at that time in respect of that act.