Copyright Review Commission Report - ICT Law and Regulation ...

the most part are caused by the behaviour of the parties. Proceedings must be controlled firmly from the outset to avoid thetwin scourges of cost and delay.Both the CLA and the PPL commented on the inability of collecting societies to refer a proposed licensing scheme or licenceto the Copyright Tribunal; this is covered by Sections 118 and 125 of the CDPA.In discussions with the PPL it was argued that licensees use the threat of a reference to the Copyright Tribunal innegotiations; knowing the cost and delay that this will bring. It is the ‘nuclear option’. However, as the collecting societycannot refer a proposed scheme or licence to the Tribunal, the position is asymmetrical. In terms of equity, there issomething to be said for the position advanced by the PPL and CLA.- 163 -