Saving
4
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 made by section 22 of the Intellectual Property Act 2014, on or after the coming into force of that section under article 3 of this Order, 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) of the Copyright, Designs and Patents Act 1988 ); and
b
“relevant rights” means copyright (as defined in section 1 of the Copyright, Designs and Patents Act 1988), the rights conferred by Chapter 4 of Part 1 (moral rights) of that Act and the rights conferred by Part 2 of that Act.
6
This article extends to England and Wales, Scotland and Northern Ireland.
1988 c.48. Section 191D was inserted by regulations 4 and 21(1) of the Copyright and Related Rights Regulations 1996 S.I. 1996/2967.