{
  "url": "https://openlegislation.uk/copyright-and-performances-application-to-other-countries-order-2016/article-13",
  "json_url": "https://openlegislation.uk/copyright-and-performances-application-to-other-countries-order-2016/article-13.json",
  "legislation": "uksi/2016/1219",
  "legislation_title": "The Copyright and Performances (Application to Other Countries) Order 2016",
  "legislation_url": "https://openlegislation.uk/copyright-and-performances-application-to-other-countries-order-2016",
  "path": "article/13",
  "kind": "article",
  "number": "13",
  "heading": "Saving",
  "text": "(1) For the purposes of this article an act is an “excluded act” where—\n(a) a person (A) has incurred any expenditure or liability in connection with the act; and\n(b) A—\n(i) began in good faith to do the act, or\n(ii) made in good faith effective and serious preparations to do the act,\nat a time when the act neither infringed nor was restricted by the relevant rights in the work or performance.\n(2) Where another person (B) acquires those relevant rights as a consequence of the provisions of this Order on or after its coming into force, or as a consequence of the amendments made to this Order by the Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 on or after those amendments coming into force, A has the right—\n(a) to continue to do the excluded act, or\n(b) to do the excluded act,\nnotwithstanding that the excluded act infringes or is restricted by those relevant rights.\n(3) Where B or, as the case may be, B's exclusive licensee in respect of the relevant rights pays reasonable compensation to A, paragraph (2) no longer applies.\n(4) Where—\n(a) B or, as the case may be, B's exclusive licensee offers to pay compensation to A under paragraph (3), but\n(b) A and B or, as the case may be, B's exclusive licensee cannot agree on what compensation is reasonable,\neither person may refer the matter to arbitration.\n(5) In this article—\n(a) “exclusive licensee” means a licensee under an exclusive licence (as defined in section 92(1) or 191D(1) ); and\n(b) “relevant rights” means copyright, the rights conferred by Chapter 4 of Part 1 of the Act (moral rights) and the rights conferred by Part 2 of the Act.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in art. 13(2) inserted (15.12.2024) by The Copyright and Performances (Application to Other Countries) (Amendment) (No. 2) Order 2024 (S.I. 2024/1124), arts. 1(2), 7(2)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "Section 191D was inserted by regulations 4 and 21(1) of the Copyright and Related Rights Regulations 1996 (S.I. 1996/2967)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2016/1219/article/13",
    "retrieved_at": "2026-10-28T23:17:00.196922+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}