Part 9Performers' rights
Miscellaneous provisions: Duration and transmission of rights
194HFuture property rights
This section applies if a performer purports to assign future property rights (wholly or partially) to another person by an agreement signed by or on behalf of the performer.
If, on the rights coming into existence, the assignee or the assignee’s successor in title would be entitled as against all other persons to require the rights to be vested in the assignee or the assignee’s successor in title, they vest in the assignee or the assignee’s successor in title by virtue of this subsection.
A licence granted by a person to whom future property rights have been assigned is binding on every successor in title to that person’s interest in the rights, except—
- a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence; or
- a person deriving title from a purchaser referred to in paragraph (a).
In this section, future property rights means a performer’s property rights that will or may come into existence in respect of a future recording of a performance.
Notes
- Section 194H: inserted, on , by section 29 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).


