(f) The committee shall hear an application by a broadcaster to set royalties under
subsection (c), only if he first proposed an agreement to a representative organization of
authors of works of the type of the work in question and if he did not reach an agreement with
on the amount of the royalties to be paid.
(g) The committee shall be competent—
(1) to demand any written or oral evidence which it may deem necessary;
(2) to summon any person to appear before it to testify or to produce any document in
his possession, to question him and to demand from him any document in his possession;
(3) to compel attendance of a person who without satisfactory justification did not
complied with a summons, order him to pay all expenses caused by his noncompliance or by
compelling his attendance and fine him an amount not more than IL 75;
(4) to require a witness to testify under oath or affirmation in a manner customary in
Court;
(5) to fine an amount of not more than IL 75 a person who, having been required to
give testify on oath or affirmation or to submit a document, refuses to do so without
reasonable justification, on condition that no person be required to answer a question which
he would not have to answer in Court and that he not be fined for refusing to answer such a
question;
(6) to admit any written or oral evidence, even if it would not be admissible in civil or
criminal trials;
(7) to award to a person summoned to a committee hearing an amount of money which,
in the committee’s opinion, he expended in consequence of his appearance;
(8) to order that all or part of the amount of royalties not in dispute be paid before the
final decision in the matter.
(h) Permission to use a work under subsection (b) shall not constitute permission to use
it in a manner and form likely to damage the author’s good name or reputation as an artist or
author.
(i) The Minister of Justice shall, in consultation with the Minister of Education, appoint
a committee which shall advise the broadcaster on all matters that relate to the incidental use
of copyrighted material under subsection (b), and which may also make rules for categories of
use that in its opinion constitute incidental use; the committee shall consist of five persons,
including at least three public representatives from among authors of the category of works of
which incidental use is made; one of the three shall be chairman of the committee.
(j) The committee established under subsection (i) shall prescribe its own order of
business, shall be competent to summon any person to appear before it and shall consult with
any person.
(k) Recommendations by the committee under subsection (i) shall not be used by the
Court or by the committee established under subsection (d) as evidence in any proceeding
before it.
(1) This section shall not apply to any works or to any category of incidental use, on
which agreement was reached by the parties.
IL014EN
Copyright, Ordinance (Consolidation), 15/06/1924
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