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23. (1) Section 190 (power of tribunal to give consent on behalf of performer in certain cases) is amended as follows.
(2) For subsection (1) substitute—
“(1) The Copyright Tribunal may, on the application of a person wishing to make a copy of a recording of a performance, give consent in a case where the identity or whereabouts of the person entitled to the reproduction right cannot be ascertained by reasonable inquiry.”.
(3) In subsection (2) for “the performer” substitute “the person entitled to the reproduction right”.
(4) Omit subsection (4).
(5) In subsection (6)—
(a)for “the performer” in the first place where it occurs substitute “the person entitled to the reproduction right”, and
(b)for “the performer” in the second place where it occurs substitute “that person”.
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