Commentary

142 General considerations—unreasonable discrimination

INTELLECTUAL PROPERTY vol 21(2) copyright
| Commentary

142 General considerations—unreasonable discrimination

| Commentary

6: FACTORS TO BE TAKEN INTO ACCOUNT IN CERTAIN CLASSES OF CASE

142 General considerations—unreasonable discrimination

Each provision for a referral or application in relation to licensing schemes and licences granted by licensing bodies provides for the Copyright Tribunal to make an order which is reasonable in all the circumstances. Some more specific guidelines are laid down for particular classes of case1, but the mention of these specific matters does not affect the Tribunal’s general obligation in any case to have regard to all relevant considerations2.

In determining what is reasonable in all the circumstances with

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial