| (a) | - | has refused to republish or allow the republication of the work or has refused to allow the performance in public of the work, and by reason of such refusal the work is withheld from the public; or |
| (b) | - | has refused to allow communication to the public by [broadcast], of such work or in the case of a [sound recording], the work recorded in such [sound recording], on terms which the complainant considers reasonable, |