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Transfer of copies of recordings in electronic form.
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242.—(1) This section applies where a recording of a performance in electronic form has been purchased on terms which expressly or impliedly allow the purchaser to make further recordings in connection with his or her use of the recording.
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(2) Where there are no express terms—
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(a) prohibiting the transfer of the recording by the purchaser, imposing obligations which continue after a transfer, prohibiting the assignment of any licence or terminating any licence on a transfer, or
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(b) specifying the conditions on which a transferee may undertake the acts which the purchaser was permitted to undertake,
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then, any acts which the purchaser was permitted to undertake may also be undertaken by a transferee without infringement of any right conferred by this Part, but any recording made by the purchaser which is not also transferred shall be treated as an illicit recording for those purposes and for all subsequent purposes.
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(3) Subsection (2) applies where the original purchased recording is no longer usable and that which is transferred is a further recording used in its place.
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(4) This section shall apply on a second and subsequent transfer in like manner as to the first transfer to a purchaser and references to the purchaser shall be construed as references to a second or subsequent transferee.
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(5) This section shall not apply in relation to a recording purchased before the commencement of this Part.
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Miscellaneous Matters Relating to Performers' Rights
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