100Ownership of copyright in published editions of works

100  Ownership of copyright in published editions of works

  Subject to Parts VII and X, the publisher of an edition of a work or works is the owner of any copyright subsisting in the edition by virtue of this Part.

Subdivision B—Specific provisions relating to the ownership of copyright in pre‑commencement sound recordings of live performances

100AA  Application

  This Subdivision applies to a sound recording of a live performance if:

 (a) copyright subsists in the recording on the day on which this section commences; and

 (b) at least one person would become a maker of the recording under paragraph 100AD(1)(b) or subsection 100AD(2).

100AB  Definitions

  In this Subdivision:

former owner of the copyright in a sound recording of a live performance means a person mentioned in paragraph 100AD(1)(a).

new owner of the copyright in a sound recording of a live performance means the following people:

 (a) a person who becomes a maker of a sound recording under paragraph 100AD(1)(b);

 (b) if subsection 100AD(2) applies—an employer who becomes a maker of a sound recording under that subsection.

Note: Other expressions used in this Subdivision are defined in section 84.

100AC  Application of sections 100AD and 100AE

  Sections 100AD and 100AE have effect subject to Parts VII and X.

100AD  Makers of pre‑commencement sound recordings of live performances

 (1) For the purpose of section 100AE, the makers of a sound recording of a live performance are:

 (a) the person or persons who, immediately before the commencement of this section, owned the copyright subsisting in the recording; and

 (b) the performer or performers who performed in the performance (other than a performer who is already covered by paragraph (a)).

Employer may be a maker of the sound recording

 (a) a sound recording of a live performance was made; and

 (b) a performer performed in that performance under the terms of his or her employment by another person (the employer) under a contract of service or apprenticeship;

then, for the purposes of paragraph (1)(b), the employer is taken to be a maker instead of that performer.

 (3) Subsection (2) may be excluded or modified by an agreement (whether made before or after the live performance) between the performer and the employer.

100AE  Ownership of pre‑commencement copyright in sound recordings of live performances

Ownership of the copyright

 (1) On and after the day on which this section commences, all makers of a sound recording of a live performance are owners of any copyright subsisting in the recording by virtue of this Part.