Entitlement to extended performers’ rights
Any extended performers’ rights are exercisable as from commencement by
the person who was entitled to exercise those rights immediately before
in the case of any right forming part of a performer’s non-property
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,
in the case of any right forming part of a performer’s property rights,
the owner of such right immediately before commencement, and
in the case of a performer’s moral rights, the performer or, if he has
died, the person entitled by virtue of section 205M of the 1988 Act to
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
immediately before his death.
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
termination of that period.
Prospective ownership of extended performers’ property rights
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
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
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
Act to doing anything with, or without, the licence of the rights owner shall be
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).
Extended performers’ rights: existing consents, agreement etc.
Any consent, or any term or condition of an agreement, relating to the
exploitation of an existing protected performance which—
subsists immediately before commencement, and
is not to expire before the end of the period for which performers’ rights
under Part II of the 1988 Act subsist in relation to that performance,
shall continue to subsist during the period of any extended performers’ rights,
subject to any agreement to the contrary.
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—
subsists immediately before commencement in relation to an existing
protected performance, and
is not to expire before the end of the performers’ rights period under
shall continue to have effect during the period of any extended performers’
rights, subject to any further order of the Tribunal.
Citation, commencement and extent
This Act may be cited as the Copyright in Sound Recordings and Performers’
Rights (Term Extension) Act 2008.
This Act comes into force three months after the date on which it is passed.
This Act applies to England, Wales, Scotland and Northern Ireland.