291.—(1) The rights conferred by this Part shall expire 50 years after the date of the performance.

(2) Notwithstanding subsection (1)—

(a) if a recording of the performance is lawfully made available to the public within the period referred to in subsection (1), the rights shall expire 50 years from the date the recording is first so made available, and

(b) notwithstanding paragraph (a) but subject to subsection (3), if a sound recording of the performance is lawfully made available to the public within the period referred to in subsection (1), the rights shall expire 70 years from the date the recording is first so made available.

(3) Subsection (2)(b) applies to a sound recording—

(a) in regard to which the rights of the performer and the producer would still have been protected on 1 November 2013, had the European Union (Term of Protection of Copyright and Certain Related Rights) (Directive 2011/77/EU) Regulations 2013 not come into operation on that date, or

(b) that is created on or after 1 November 2013.

(4) The terms provided for in subsections (1) and (2) shall be calculated from the first day of January of the year following the event that gives rise to them.]