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Copyright, Designs and Patents Act 1988

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[F1191HBPayment in consideration of assignmentE+W+S+N.I.

(1)A performer who, under an agreement relating to the assignment of rights referred to in section 191HA(1) (an “assignment agreement”), is entitled to a non-recurring payment in consideration of the assignment, is entitled to an annual payment for each relevant period from—

(a)the producer, or

(b)where the producer has granted an exclusive licence of the copyright in the sound recording, the licensee under the exclusive licence (the “exclusive licensee”).

(2)In this section, “relevant period” means—

(a)the period of 12 months beginning at the end of the 50-year period, and

(b)each subsequent period of 12 months beginning with the end of the previous period, until the date on which copyright in the sound recording expires.

(3)The producer or, where relevant, the exclusive licensee gives effect to the entitlement under subsection (1) by remitting to a collecting society for distribution to the performer in accordance with its rules an amount for each relevant period equal to 20% of the gross revenue received during that period in respect of—

(a)the reproduction and issue to the public of copies of the sound recording, and

(b)the making available to the public of the sound recording by electronic transmission in such a way that members of the public may access it from a place and at a time individually chosen by them.

(4)The amount required to be remitted under subsection (3) is payable within 6 months of the end of each relevant period and is recoverable by the collecting society as a debt.

(5)Subsection (6) applies where—

(a)the performer makes a written request to the producer or, where relevant, the exclusive licensee for information in that person’s possession or under that person’s control to enable the performer—

(i)to ascertain the amount of the annual payment to which the performer is entitled under subsection (1), or

(ii)to secure its distribution by the collecting society, and

(b)the producer or, where relevant, the exclusive licensee does not supply the information within the period of 90 days beginning with the date of the request.

(6)The performer may apply to the county court, or in Scotland to the sheriff, for an order requiring the producer or, where relevant, the exclusive licensee to supply the information.

(7)An agreement is of no effect in so far as it purports to exclude or restrict the entitlement under subsection (1).

(8)In the event of any dispute as to the amount required to be remitted under subsection (3), the performer may apply to the Copyright Tribunal to determine the amount payable.

(9)Where a performer is entitled under an assignment agreement to recurring payments in consideration of the assignment, the payments must, from the end of the 50-year period, be made in full, regardless of any provision in the agreement which entitles the producer to withhold or deduct sums from the amounts payable.

(10)In this section—

  • “producer” and “50-year period” each has the same meaning as in section 191HA,

  • “exclusive licence” has the same meaning as in section 92, and

  • “collecting society” has the same meaning as in section 191G.]

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