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Conferment of performer’s right and recording right
45.—(1) A performer shall have, in accordance with this Part, the right, in this Act
called the “performer’s right”, to exploit a qualifying performance by him by means of the
recording, broadcast or inclusion in a cable program service of the performance.
(2) A qualifying person who—
(a) has the benefit of an exclusive recording contract in relation to a performance; or
(b) has been licensed by a person who—
(i) has the benefit of an exclusive recording contract in relation to the performance;
and
(ii) is not a qualifying person;
to make recordings of the performance with a view to their being sold, let for hire or shown or
played to the public;
whether or not the performance is a qualifying performance, shall have a right, in this Act
called the “recording right”, to exploit the qualifying performance by him by means of the
recording, broadcast or inclusion in a cable program service of the performance, in
accordance with this Part and the exclusive recording contract.
(3) For the purposes of this section, a person has an “exclusive recording contract” with
a performer if the person is entitled under the contract to the exclusion of all other persons
(including the performer) to make recordings of one or more of his performances with a view
to the recordings being sold or let for hire, or shown or played in public.
Transfer of rights
46.—(1) Performer’s right shall be a property right, but shall not be assignable or
transferable except on death by testamentary disposition or by the operation of law.
(2) Recording right shall not be assignable or otherwise transferable.
(3) Nothing in this section shall affect the creation of recording rights by the operation
of subsection (2) of section 45 on licensing agreements.
Duration of rights in performances
47. Performer’s right and recording right in relation to a performance shall subsist for
fifty years from the end of the calendar year in which the performance takes place.
Infringement of performer’s rights
48.—(1) Performer’s right in relation to a performance is infringed by a person who,
without the consent of the performer—
(a) makes, otherwise than for his private and domestic use, a recording of the whole or
any substantial part of a qualifying performance; or
(b) broadcasts live, or includes live in a cable program service, the whole or any
substantial part of a qualifying performance.