Savings8

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

he—

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 on or after the coming into force 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 under this Order.

3

Where B, or his exclusive licensee, pays reasonable compensation to A paragraph (2) no longer applies.

4

Where—

a

B offers to pay compensation to A under paragraph (3); but

b

A and B cannot agree on what compensation is reasonable,

either person may refer the matter to arbitration.

5

In this article “relevant rights” means copyright, the rights conferred by Chapter 4 of Part I (moral rights) and the rights conferred by Part II.