PART 5PERFORMANCES

Saving13

1

For the purposes of this article an act is an “excluded act” where—

a

a person (A) has incurred any expenditure or liability in connection with the act; and

b

A—

i

began in good faith to do the act, or

ii

made in good faith effective and serious preparations to do the act,

at a time when the act neither infringed nor was restricted by the relevant rights in the work or performance.

2

Where another person (B) acquires those relevant rights as a consequence of the provisions of this Order on or after its coming into force, A has the right—

a

to continue to do the excluded act, or

b

to do the excluded act,

notwithstanding that the excluded act infringes or is restricted by those relevant rights.

3

Where B or, as the case may be, B's exclusive licensee in respect of the relevant rights pays reasonable compensation to A, paragraph (2) no longer applies.

4

Where—

a

B or, as the case may be, B's exclusive licensee offers to pay compensation to A under paragraph (3), but

b

A and B or, as the case may be, B's exclusive licensee cannot agree on what compensation is reasonable,

either person may refer the matter to arbitration.

5

In this article—

a

exclusive licensee” means a licensee under an exclusive licence (as defined in section 92(1) or 191D(1) M1); and

b

relevant rights” means copyright, the rights conferred by Chapter 4 of Part 1 of the Act (moral rights) and the rights conferred by Part 2 of the Act.