2. Section 149 of the Copyright Act is amended —
(a)
by deleting subsection (1) and substituting the following subsection:
“(1) In this Part, unless the context otherwise requires —
“deputy president” means a deputy president of the Tribunals appointed by the Minister under section 151A(1)(b);
“licence” means a licence granted by or on behalf of the owner or prospective owner of the copyright in a work or other subject-matter to do an act comprised in the copyright;
“licence scheme” means a scheme (including anything in the nature of a scheme, whether called a scheme or tariff or called by any other name) formulated by a licensor and setting out the classes of cases in which the licensor is willing to grant licences and the charges (if any) subject to payment of which, and the conditions subject to which, licences would be granted in those classes of cases;
“licensor” means any association, body or organisation (whether incorporated or unincorporated) which —
(a)
carries on the business of negotiating, granting or otherwise collectively administering licences in relation to a repertoire of works or other subject-matter by different authors, makers or publishers who are not affiliated with that association, body or organisation within the meaning of subsection (3); and
(b)
negotiates, grants or otherwise collectively administers such licences either as the owner or prospective owner of the copyrights in such works or other subject-matter or as the agent or representative of the owners or prospective owners of the copyrights in such works or other subject-matter;
“member” means a member of a Tribunal and includes the president or deputy president presiding over the Tribunal;
“order” includes an interim order;
“organisation” means an organisation or association of persons whether corporate or unincorporate;
“panel” means the panel appointed by the Minister under section 151A(4);
“party” includes a person or an organisation making representations to a Tribunal at an inquiry under section 157;
“president” means the president of the Tribunals appointed by the Minister under section 151A(1)(a);
“proceeding”, in relation to a Tribunal, includes an inquiry by the Tribunal under section 157.”; and
(b)
by inserting, immediately after subsection (2), the following subsection:
“(3) For the purpose of the definition of “licensor” in subsection (1), the author, maker or publisher of any work or other subject-matter is affiliated with the association, body or organisation which carries on the business of negotiating, granting or otherwise collectively administering licences in relation to that work or other subject-matter if such author, maker or publisher produced or published that work or other subject-matter in the course of his employment with, or under a commission from —
(a)
that association, body or organisation; or
(b)
any other association, body or organisation which is related, in such manner as may be prescribed, to the first-mentioned association, body or organisation.”.