Licences to payments in respect of underlying rights

(1) In considering what charges should be paid for a licence on a reference or application under this Part relating to licences for the rental to the public of copies of sound recordings, films or computer programmes, the Supreme Court 108 shall take into account any reasonable payments which the owner of the copyright in the sound recording, film or computer programme is liable to make in consequence of the granting of the licence, or of the acts authorised by the licence, to owners of copyright in works included in that work. (2) On any reference or application under this Part relating to licensing in respect of the copyright in sound recordings, films, broadcasts or cable programmes, the Supreme Court shall take into account, in considering what charges should be paid for a licence, any reasonable payments which the copyright owner is liable to make in consequence of the granting of the licence, or of the acts authorised by the licence, in respect of any performance included in the recording, film,