Article 3
Where any person has before the commencement of this Order incurred any expenditure or liability in connection with —
the making of a record embodying a sound recording, or
causing a sound recording to be heard in public, or
the broadcasting of a sound recording or its inclusion in a cable programme,
in a manner which at the time was lawful, or for the purpose of or with a view to the doing of any such act at a time when that act would, but for the making of this Order, have been lawful, nothing in this Order shall diminish or prejudice any right or interest arising from or in connection with the incurring of that expenditure or liability which is subsisting and valuable immediately before the commencement of this Order unless the person who by virtue of this Order becomes entitled to restrain any such act as aforesaid agrees to pay such compensation as, failing agreement, may be determined by arbitration.