Page:Copyright Act 2021.pdf/113

114 Action for infringing use of protected performance

177. A performer of a protected performance may bring an action in the Court against any person who makes an infringing use of the performance.

Limitation of action

178. An action under section 177 for an infringing use of a performance may not be brought more than 6 years after the infringing use takes place.

Remedies and border enforcement measures

179. Part 6 applies.

Assignment of right to bring action

180.—(1) The right to bring an action under section 177 may be assigned.

(2) For the purposes of subsection (1), an assignment is valid only if it is—
 * (a) made in writing; and
 * (b) signed by or on behalf of the assignor.

(3) Subsection (2)(b) does not apply to an assignment made before the appointed day.

Presumptions relating to identity of performers

181.—(1) This section applies to an action under section 177.

(2) Unless the contrary is proved, a person is presumed to be the performer of a performance if—
 * (a) the person’s true name, or a name by which the person is commonly known, appears on a recording of the performance in a way that implies that the person gave the performance; and
 * (b) the recording is made available to the public.

(3) Unless the contrary is proved, a group of persons is presumed to have performed in a performance if—