Section 27E — COPYRIGHT ACT 1987

(a)

has refused to grant him or procure the grant to him of a licence in accordance with the licensing scheme; or

(d)

has failed to grant him or procure the grant to him of a licence in accordance with the licensing scheme within a reasonable time after being asked, may apply to the Tribunal for an order under subsection (4).

(2)

A person who claims, in a case excluded from a licensing scheme, that the operator of the licensing scheme either—

(a)

has refused to grant him a licence or procure the grant to him of a licence, or has failed to do so within a reasonable

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time of being asked, and that in the circumstances it is unreasonable that a licence should not be granted; or

(b)

proposes terms for a licence which are unreasonable, may apply to the Tribunal for an order under subsection (4).

(3)

A case shall be regarded as excluded from a licensing scheme for the purposes of subsection (2) if—

(a)

the licensing scheme provides for the grant of licences subject to terms excepting matters from the licence and the case falls within such an exception; or

(b)

the case is so similar to those in which licences are granted under the licensing scheme that it is unreasonable that it should not be dealt with in the same way.

(4)

If the Tribunal is satisfied that the claim is well-founded, it shall make an order declaring that, in respect of the matters specified in the order, the applicant is entitled to a licence on such terms as the Tribunal may determine to be applicable in accordance with the licensing scheme or, as the case may be, to be reasonable in the circumstances.

(5)

An order under subsection (4) may be made so as to be in force indefinitely or for such period as the Tribunal may determine.

Application for review of order as to entitlement to licence