COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED) Provided that no such application shall be made within twelve months after the order was made unless the Registrar, having regard to the special circumstances of the case, grants leave for the application to be made. 114 Factors to be taken into account by Registrar in making orders (1) to⎯ In any reference or application in terms of this Part, the Registrar shall have regard (a) Zimbabwe’s obligations under any international convention, treaty or agreement relating to copyright; and (b) any order made by the Industry and Trade Competition Commission established by section 4 of the Competition Act [Chapter 14:28]. (2) In determining what is reasonable on a reference or application in terms of this Part relating to a licence scheme or licence, the Registrar shall have regard to⎯ (a) the availability of other schemes or the granting of other licences to other persons in similar circumstances; and (b) the terms of those other schemes or licences; and shall exercise his power so as to ensure that the collecting society concerned does not discriminate unreasonably between licensees or prospective licensees. (3) In a reference or application in terms of this Part relating to the reprographic copying of a work, the Registrar shall have regard to⎯ (a) the extent to which published editions or versions of the work concerned are otherwise available; and (b) the proportion of the work to be reproduced; and (c) the use to which the resultant copies are likely to be put. (4) In a reference or application in terms of this Part in respect of a sound recording, an audio-visual work, a broadcast or a cable programme which includes any entertainment or other event, the Registrar shall have regard to any conditions imposed by the promoters of the entertainment or event, and in particular shall not regard a refusal or failure to grant a licence to be unreasonable if the licence could not have been granted consistently with any such conditions. (5) When considering the charges, if any, to be paid by an educational institution for a licence authorising the recording of a broadcast or cable programme which includes copyright works, or the making of a copy of such a recording, the Registrar shall have regard to the extent to which the owners of copyright in the works included in the broadcast or programme have already received or are entitled to receive, payment in respect of the inclusion of those works. (6) When considering the charges to be paid for letting for hire copies of any sound recording, audio-visual work or computer program, the Registrar shall take into account any reasonable payments which the owner of the copyright in the recording, work or program is liable to make⎯ (a) to the owner of copyright in any work included in the recording, work or program; or (b) to any performer or other person whose rights under Part VII may be affected by the letting for hire of copies of the recording, work or program. Act 11/2001 - 61 Chapter 26:01