Part IIISavings and transitional provisions
Rights in performances
Revived performance rights: saving for acts of exploitation when performance in public domain, &c.33
1
No act done before commencement shall be regarded as infringing revived performance rights in a performance.
2
It is not an infringement of revived performance rights in a performance—
a
to do anything after commencement in pursuance of arrangements made before 1st January 1995 at a time when the performance was not protected, or
b
to issue to the public after commencement a recording of a performance made before 1st July 1995 at a time when the performance was not protected.
3
It is not an infringement of revived performance rights in a performance to do anything after commencement in relation to a sound recording or film made before commencement, or made in pursuance of arrangements made before commencement, which contains a recording of the performance if—
a
the recording of the performance was made before 1st July 1995 at a time when the performance was not protected, or
b
the recording of the performance was made in pursuance of arrangements made before 1st July 1995 at a time when the performance was not protected.
4
It is not an infringement of revived performance rights in a performance to do after commencement anything at a time when, or in pursuance of arrangements made at a time when, the name and address of a person entitled to authorise the act cannot by reasonable inquiry be ascertained.
5
In this Regulation “arrangements” means arrangements for the exploitation of the performance in question.
6
References in this Regulation to a performance being protected are—
a
in relation to the period after the commencement of the 1988 Act, to rights under Part II of that Act subsisting in relation to the performance, and
b
in relation to earlier periods, to the consent of the performer being required under earlier enactments relating to the protection of performers.