Page:Copyright Act 2021.pdf/311

312 (4) If—
 * (a) while the tariff scheme remains in force, a person does an act that—
 * (i) is a rights infringement; but
 * (ii) would not be a rights infringement if permission had been granted under the tariff scheme; and
 * (b) the terms of the tariff scheme require the payment of a sum for the grant of that permission,

the sum is recoverable as a debt due by the person to the CMO.

(5) Upon the payment or recovery of the sum mentioned in subsection (4), the person is deemed for the purposes of subsection (2) to have complied with the terms of the tariff scheme so far as they relate to the payment of the sum.

Application to Tribunal for permission to be granted on reasonable terms

474.—(1) The following persons or organisations may make an application against a CMO to a Copyright Tribunal:
 * (a) a person (X) who claims, in a case to which a tariff scheme applies, that—
 * (i) the CMO operating the tariff scheme has refused to grant X (or procure the grant to X of) permission in accordance with the terms of the tariff scheme after a request was made by X; or
 * (ii) the terms of the tariff scheme for granting (or procuring the grant of) permission to X are unreasonable in the circumstances;
 * (b) a person (Y) who claims to require permission in a case where—
 * (i) a tariff scheme does not apply, has not been formulated or is not in force; and