13Action taken in relation to works etc before a foreign country becomes a country to which these Regulations apply

#### 13 Action taken in relation to works etc before a foreign country becomes a country to which these Regulations apply (1) This regulation applies if: (a) a person (the affected person) has taken any action in relation to a work, a subject‑matter other than a work or a performance at any time before the date of a relevant event; and (b) the affected person has, because of the action, incurred expenditure or liability; and (c) either: (i) the action, being a use of the work, subject‑matter or performance, was at the time lawful; or (ii) the action was taken for the purpose of, or with a view to, a use of the work, subject‑matter or performance at a time when the use would, but for the relevant event, have been lawful. (2) The affected person continues to be entitled to any right and interest, arising in connection with the action, that is subsisting and valuable immediately before the date of the relevant event, unless the exclusive right holder has agreed to pay reasonable compensation to the affected person. (3) In this regulation: > convention country means: (a) a Berne Convention country; or (b) a UCC country; or (c) a Rome Convention country; or (d) a WCT country; or (e) a WPPT country; or (f) a WTO country. > exclusive right holder means the person who, as a result of the relevant event, has the exclusive right over the use of the work, subject‑matter or performance. > relevant event means: (a) the commencement of the amending Regulations; or (b) after that commencement, an event that results in a foreign country (or a territory of a foreign country) becoming a convention country in relation to which these Regulations apply in relation to the work, subject‑matter or performance. (4) To the extent that this regulation is inconsistent with the Act, the application of the Act by these Regulations is modified. (5) Despite subregulation (4), subregulation (2) applies subject to section 248QA of the Act as applied by these Regulations. > Note: A person of the kind described in subregulation (1) who took an action described in that subregulation may, if regulation 11, 12 or 13 of these Regulations (as in force before the commencement of the amending Regulations) applied to the person, continue, in the absence of reasonable compensation, to be entitled, under that regulation, to a right or interest arising in connection with the action.