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Copyright in Sound Recordings and Performers\xd5 Rights (Term Extension) Bill


Copyright in Sound Recordings and Performers’ Rights (Term Extension) Bill
Part 3 — Performers’ rights

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14      

Entitlement to extended performers’ rights

(1)   

Any extended performers’ rights are exercisable as from commencement by

the person who was entitled to exercise those rights immediately before

commencement, namely—

(a)   

in the case of any right forming part of a performer’s non-property

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rights, the performer or, if he has died, the person entitled by virtue of

section 192A(2) of the 1988 Act to exercise those rights,

(b)   

in the case of any right forming part of a performer’s property rights,

the owner of such right immediately before commencement, and

(c)   

in the case of a performer’s moral rights, the performer or, if he has

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died, the person entitled by virtue of section 205M of the 1988 Act to

exercise those rights.

(2)   

Any remuneration or damages received by a person’s personal representatives

by virtue of a right conferred on them by subsection (1) shall devolve as part of

that person’s estate as if the right had subsisted and been vested in him

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immediately before his death.

(3)   

If the owner of a performer’s property rights is entitled immediately before

commencement to those rights for a period of less than the whole of the

performers’ rights period under the 1988 provisions, any extended performers’

property rights are part of the reversionary interest expectant on the

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termination of that period.

15      

Prospective ownership of extended performers’ property rights

(1)   

Where by an agreement made before commencement in relation to a

performer’s extended property rights, and signed by or on behalf of the

prospective owner of the rights, the prospective owner purports to assign the

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performer’s extended property rights (wholly or partially) to another person,

then, if on commencement the assignee or another person claiming under him

would be entitled as against all other persons to require the rights to be vested

in him, the rights shall vest in the assignee or his successor in title by virtue of

this section.

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(2)   

A licence granted by a prospective owner of a performer’s extended property

rights is binding on every successor in title to his interest (or prospective

interest) in the rights, except a purchaser in good faith for valuable

consideration and without notice (actual or constructive) of the licence or a

person deriving title from such a purchaser and references in Part I of the 1988

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Act to doing anything with, or without, the licence of the rights owner shall be

construed accordingly.

(3)   

In subsection (2) “prospective owner” in relation to a performer’s extended

property rights means a person who is prospectively entitled to those rights by

virtue of such an agreement as is mentioned in subsection (1).

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16      

Extended performers’ rights: existing consents, agreement etc.

(1)   

Any consent, or any term or condition of an agreement, relating to the

exploitation of an existing protected performance which—

(a)   

subsists immediately before commencement, and

(b)   

is not to expire before the end of the period for which performers’ rights

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under Part II of the 1988 Act subsist in relation to that performance,

 
 

Copyright in Sound Recordings and Performers’ Rights (Term Extension) Bill
Part 4 — Final provisions

6

 

   

shall continue to subsist during the period of any extended performers’ rights,

subject to any agreement to the contrary.

(2)   

Any licence of a performer’s property rights, or term or condition of any

agreement relating to the exploitation of a performer’s property rights

imposed by order of the Copyright Tribunal which—

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(a)   

subsists immediately before commencement in relation to an existing

protected performance, and

(b)   

is not to expire before the end of the performers’ rights period under

the 1988 provisions,

   

shall continue to have effect during the period of any extended performers’

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rights, subject to any further order of the Tribunal.

Part 4

Final provisions

17      

Citation, commencement and extent

(1)   

This Act may be cited as the Copyright in Sound Recordings and Performers’

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Rights (Term Extension) Act 2008.

(2)   

This Act comes into force three months after the date on which it is passed.

(3)   

This Act applies to England, Wales, Scotland and Northern Ireland.

 
 

 
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Revised 27 February 2008