- (d) those records were made or imported by or with the licence of the owner of the copyright in the literary or dramatic work;
- (e) in those records, the words mentioned in subsection (1) or substantially similar words are sung, or spoken, incidentally to or in association with the music;
- (f) before making the record, X gives the prescribed notice to the owner of the copyright in the literary or dramatic work; and
- (g) X pays to the owner of the copyright in the literary or dramatic work the prescribed royalty in the prescribed manner and within the prescribed time.
(3) Subsection (2)(c) and (d) is deemed to be satisfied if X or the person selling the record—
- (a) makes the prescribed inquiries; and
- (b) receives no answer within the prescribed time.
Regulations and inquiry on amount of royalties
262.—(1) The Minister may make regulations to prescribe the royalty payable to a copyright owner under this Division, including any minimum royalty and any circumstances in which no royalty or no further royalty needs to be paid or apportioned.
(2) The Minister may request a Copyright Tribunal to inquire into and report on whether the royalty prescribed under subsection (1) is equitable (whether generally or for a class of records).
(3) Where a report is made under subsection (2) in respect of a class of records (whether or not the report is confined to those records), the Minister may not request another inquiry in respect of that class of records within 5 years after the report is made.
(4) To avoid doubt, the power to make regulations under subsection (1) does not depend on and is not limited by subsections (2) and (3).
(5) In this section, “Minister” means the Minister charged with the responsibility for trade and industry.
