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Part 2 · Related rights  ›  Division 3 · Protection of performers › Section 79

Rights of use

(1) Performers may transfer their rights and claims under sections 77 and 78. Section 78 (3) and (4) remains unaffected.

(2) Performers may grant to another a right to use their performance in a particular manner or in any manner of use to which they are entitled.

(2a) Sections 31, 32 to 32b, 32d to 40, 41, 42 and 43 apply accordingly to transfers of rights and claims under subsection (1) and to transfers of rights under subsection (2).

(3) Where the producer of an audio medium fails to offer sufficient quantities of the audio medium for sale or to make the audio medium available to the public, the performer may terminate the contract in which he or she granted or transferred rights in the recording of the performance to the producer of the audio medium (transfer agreement). Such termination is admissible

1.   after a period of 50 years following publication of the audio medium or 50 years following the first authorised use of the audio medium for communication to the public if the audio medium was not published and

2.  if, within one year of being notified by the performer of his or her wish to terminate the transfer agreement, the producer of the audio medium does not carry out the two acts of use referred to in sentence 1.

Where the transfer agreement has been terminated, the rights of the producer of the audio medium in the audio medium expire. The performer may not waive the right of termination.

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