Section 194
Section 194
(1)
The Copyright Tribunal may, on the application of a person wishing to make a recording from a previous recording of a performance, give consent in a case where –
(a)
the identity or whereabouts of a performer cannot be ascertained by reasonable inquiry; or
(b)
a performer unreasonably withholds his consent.
(2)
Consent given by the Copyright Tribunal has effect as consent of the performer for the purpose of –
(a)
the provisions of this Part relating to performers’ rights; and
(b)
paragraph (a) of subsection (3) of section 205, and may be given subject to any conditions specified in the Tribunal’s consent.
(3)
The Copyright Tribunal shall not give consent under paragraph (a) of subsection
(1)
except after the service or publication of such notices as may be required by rules made under section 159 or as it may in any particular case direct.
(4)
The Copyright Tribunal shall not give consent under paragraph (b) of subsection
(1)
unless it is satisfied that the performer’s reasons for withholding consent do not include the protection of any legitimate interest of his; but it shall be for the performer to show what his reasons are for withholding consent, and in default of evidence as to his reasons the Copyright
Tribunal may draw such inferences as it thinks fit.
(5)
In any case, the Copyright Tribunal shall take into account –
(a)
whether the original recording was made with the performer’s consent and is lawfully in the possession or control of the person proposing to make the further recording;
(b)
whether the making of the further recording is consistent with the obligations of the parties to the arrangements under which, or is otherwise consistent with the purpose for which, the original recording was made.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
138
BLUV as at 24th December 2013
(6)
Where the Copyright Tribunal gives consent under this section it shall, in default of agreement between the applicant and the performer, make such order as it thinks fit as to the payment to be made to the performer in consideration of consent being given.
Duration and transmission of rights; consent
Duration of rights.