Disputes with licensing bodies

52. (1) Where a dispute arises between any person and a licensing body with respect to-
(a) the refusal of the licensing body to grant
to that person a general licence to which this section applies; or
(b) the terms and conditions on which the licensing body is prepared to grant such a licence,
either that person or the licensing body may refer the dispute to the Court.
(2) This section applies to a general licence authorizing the licensee-
(a) in the case of a work or sound recording, to make a reproduction, public display, public performance, broadcast or communication to the public of the original or copies of the work or sound recording;
(b) in the case of a performance, to make a fixation or to broadcast or to communicate to the public the performance.
(3) For the purposes of this section, a licensing body shall be deemed to have refused to grant a general licence to a person if the licensing body has failed, within a reasonable time from the date when that person has made a written request to the licensing body for such a licence, to grant a licence or to state in writing the terms and conditions on which it is prepared to grant the licence.
(4) While an order made by the Court by way of determination of a dispute referred to it pursuant to subsection (1) remains in force, either party to the dispute may refer the matter back to the Court for further consideration, but except with the special leave of the Court-
(a) an order made so as to be in force for not more than two years from the date it took effect may not be referred back to the Court under this subsection;
(b) an order made so as to be in force indefinitely or for more than two years from the date it took effect may not be referred back to the Court before the expiry of twelve months from the date when the order was made.

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