Page:Copyright Act 1987 (Malaysia Act 332).pdf/49

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[Pt. VIII, S. 58]
50
Act 332
(b) the terms and conditions on which the licensing body is prepared to grant such a license,

either that person or the licensing body may refer the dispute to the High Court.

(2) This section applies to a general licence authorizing the licensee—

(a) in the case of literary or musical works to reproduce, communicate in public, broadcast, communicate by cable, or distribute to the public the works;
(b) in the case of any other works to make copies of them, communicate in public, broadcast or communicate them by cable, or cause them to be publicly performed.

(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 had 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 High 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 High 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.