Copyright Act 2021 · 2020 Revised Edition · Part 10 · Copyright Tribunals
494. Reference of question of law arising in case to Court
Feedback & supportLast amended by an amending law of 2021.
A Tribunal may, in accordance with this section, refer a question of law arising in any case before the Tribunal for the opinion of the Court.
Tribunal
“Copyright Tribunal” or “Tribunal” means a Copyright Tribunal established under this Act;
A reference is to be made by way of a case stated.
A reference —
may be made by the Tribunal on its own motion (whether or not it has decided the case);
may be made by the Tribunal on the request of a party, which request may only be made —
before the Tribunal decides the case; or
within 14 days after the date on which the Tribunal decides the case; and
must be made by the Tribunal if it is so directed by the Court in an application, which application may only be made —
by a party who made a request under paragraph (b) that was refused by the Tribunal; and
within 14 days after the date of the refusal.
Every party to the case is entitled to be heard in a reference under subsection (1) or an application under subsection (3)(c).
party
“party” means the copyright owner or the exclusive licensee, as the case may be.
Where a reference is made —
the Court is to give its opinion on the referred question of law and remit the case to the Tribunal; and
the Tribunal must then give effect to the opinion of the Court and for this purpose may —
reconsider or rehear any matter in the case;
modify or revoke any order previously made by the Tribunal; and
make a fresh order.
The decision of the Court on a reference is final.
In this section, “question of law” does not include a question whether there is sufficient evidence to justify a finding of fact by a Tribunal.