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. Division of the ownership of the copyright  (2) The former owners of the copyright and the new owners of the copyright each own half of the copyright as tenants in common in 2 equal shares.  (3) The former owners own their half of the copyright in the same proportions as the whole copyright was owned by them immediately before the commencement of this section.  (4) The new owners own their half of the copyright as tenants in common in equal shares.  (5) Subsections (3) and (4) do not limit section 196.  (6) Subsection (3) does not otherwise affect the terms on which the former owners own their half of the copyright. Copyright to devolve if a new owner is not alive  (7) If a new owner is not alive on the day on which this section commences, then, for the purposes of subsections (2) and (4), that owner is replaced by the person to whom the copyright would have devolved if the new owner had owned the copyright immediately before his or her death. If the copyright would have devolved to more than one person, those persons are to be treated as a single new owner for the purposes of subsections (2) and (4). 100AF  Former owners may continue to do any act in relation to the copyright  (1) On and after the day on which this section commences, a former owner of the copyright in a sound recording of a live performance may:  (a) do an act comprised in the copyright; or  (b) do any other act in relation to the copyright; as if each new owner of the copyright had granted a licence or permission (however described) to the former owner to do the act. Note: However, the former owner may still need to obtain the consent of other former owners of the copyright before doing the act.  (2) Subsection (1) applies to:  (a) the former owner’s licensees and successors in title; and  (b) any persons who are authorised by the former owner; and  (c) any persons who are authorised by the former owner’s licensees or successors in title; in the same way as it applies to the former owner.  (3) Subsections (1) and (2) may be excluded or modified by an agreement (whether made before or after this section commences) between the former owner and a new owner. 100AG  Actions by new owners of copyright   If a new owner of the copyright in a sound recording of a live performance brings an action under this Act in respect of the copyright, the new owner is not entitled to the remedies listed in the table.   - Actions under this Act - Item In this case... the new owner is not entitled to: - 1 the action is for an infringement of the copyright under section 115 (a) damages (other than additional damages); or(b) an account of profits - 2 the action is for conversion or detention under section 116 (a) damages (other than additional damages); or(b) an account of profits; or(c) any other pecuniary remedy (other than costs); or(d) delivery up of an infringing copy - 2A the action is brought under section 116AN, 116AO or 116AP (a) damages (other than additional damages); or(b) an account of profits; or(c) destruction or delivery up of a circumvention device - 3 the action is brought under section 116B or 116C (a) damages (other than additional damages); or(b) an account of profits 100AH  References to the owner of the copyright in a sound recording   A new owner of the copyright in a sound recording of a live performance is taken not to be the owner of the copyright for the purposes of the following provisions:  (a) sections 107, 108 and 109 (in Part IV);  (b) sections 119 and 133 (in Part V);  (c) the definitions of licence and licensor in subsection 136(1), and sections 150, 151, 152, 153E, 153F, 153G, 159 and 163A (in Part VI);  (d) section 183 (in Part VII). Note: A new owner of the copyright in a sound recording of a live performance is not an eligible rights holder under subsection 113V(9), nor a relevant copyright owner under section 135ZZI or 135ZZZF. Division 6—Infringement of copyright in subject‑matter other than works