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Copyright Act 1968
153RReview of collecting society’s distribution arrangement
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153R Review of collecting society’s distribution arrangement
(1) This section has effect if an application is made to the Tribunal under section 135ZZWA for review of an arrangement adopted, or proposed to be adopted, by a collecting society for distributing amounts it collects in a period.
(c) a member of the collecting society, or an organization claiming to be representative of members of the collecting society, that the Tribunal makes a party to the application.
(3) The Tribunal may make a member of the collecting society, or an organization claiming to be representative of members of the collecting society, a party to the application if:
(a) the member or organization asks to be made a party; and
(b) the Tribunal is satisfied that the member or organization has a substantial interest in the arrangement.
(4) The Tribunal must consider the application, give the parties an opportunity of presenting their cases then make an order:
(c) substituting for the arrangement another arrangement for distributing amounts the collecting society collects in the period.
collecting society has the same meaning as in Part VC.
Subdivision GA—Applications and references relating to Part VD
153RA Application to the Tribunal to determine amount payable to owner of copyright in a broadcast
(1) Either:
(a) a satellite BSA licensee; or
(b) a person (the copyright owner) who is, or will be, the owner of the copyright in the broadcast of an eligible program;
may apply to the Tribunal for an order determining the amount payable by the satellite BSA licensee to the copyright owner for the re‑broadcast by the satellite BSA licensee, during the period specified in the application, of eligible programs, where the copyright owner owns the copyright in the broadcast of the eligible programs.
(2) The parties to an application under subsection (1) are:
(a) the satellite BSA licensee; and
(b) the copyright owner.
(3) On an application to the Tribunal under subsection (1), the Tribunal must consider the application and, after giving the parties an opportunity to present their cases, make an order determining the amount that it considers to be equitable remuneration for re‑broadcasts of eligible programs during the period specified in the order, where the copyright owner owns the copyright in the broadcast of the eligible programs.
eligible program has the same meaning as in Part VD.