153Applications to Tribunal for apportionment of royalty in respect of a record

153  Applications to Tribunal for apportionment of royalty in respect of a record

 (1) This section applies where an application is made to the Tribunal in pursuance of paragraph 59(3)(b) for an apportionment of an amount payable in respect of a record between the owner of the copyright in a musical work and the owner of the copyright in a literary or dramatic work.

 (a) the owner of the copyright in the musical work; and

 (b) the owner of the copyright in the literary or dramatic work.

 (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 to the parties to the application an opportunity of presenting their cases, shall make an order apportioning the amount to which the application relates between the parties in such manner as it thinks equitable.

Subdivision C—Applications and referrals relating to Part IVA

153A  Applications and referrals relating to Division 4 of Part IVA

 (1) This section applies to an application or referral to the Tribunal mentioned in column 1 of an item of the table in subsection (4).

 (2) The parties to the application or referral are the parties mentioned in column 2 of the item.

 (3) The Tribunal must:

 (a) consider the application or referral; and

 (b) give the parties the opportunity to present their cases; and

 (c) comply with column 3 of the item.

 (4) This is the table:

 

• Applications and referrals relating to licensed copying and communicating
• Item Column 1Application or referral Column 2Parties Column 3The Tribunal must …
• 1 an application made under paragraph 113P(4)(b) or 113S(4)(b) to determine a question (a) the relevant collecting society; and(b) the body administering the relevant educational institution having regard to any matters prescribed by the regulations, determine the relevant question under subsection 113P(4) or 113S(4).
• 2 an application made under paragraph 113R(2)(b) to determine an amount of equitable remuneration (a) the relevant collecting society; and(b) the body administering the relevant educational institution having regard to any matters prescribed by the regulations, determine the amount of equitable remuneration under subsection 113R(2).
• 3 a referral under paragraph 113V(2)(c) of an application by a body (the applicant) to be declared to be a collecting society (a) the applicant; and(b) any person made a party under subsection (5) of this section (a) declare the applicant to be a collecting society under subsection 113V(3); or(b) refuse to declare the applicant to be a collecting society.