299A.—(1) If, in relation to a sound recording of a performance—

(a) the performer has made an assignment agreement with the producer,

(b) a period of at least 50 years has elapsed after the sound recording was first lawfully made available to the public,

(c) the producer does not offer copies of the sound recording for sale in sufficient quantities, or does not make it available to the public, by wire or wireless means, in such a way that members of the public may access it from a place and time chosen by them,

the performer may, in writing, notify the producer of the performer’s intention to terminate the assignment agreement referred to in paragraph (a).

(2) If, not later than one year from the date of notification by the performer of his or her intention to terminate the assignment agreement, the producer has not offered copies of the sound recording for sale, or made it available to the public, as described in subsection (1)(c), the performer may terminate the assignment agreement by notice in writing to the producer.

(3) Upon the termination of the assignment agreement in accordance with subsection (2), all rights of the producer in the sound recording shall expire and the rights transferred or assigned to the producer by the performer under the assignment agreement shall revert to the performer.

(4) An agreement is void in so far as it purports to exclude or restrict the right to terminate an assignment agreement conferred by this section.

(5) Where the performance of more than one performer is captured in a sound recording and more than one assignment agreement has been made in relation to that sound recording, subsection (3) shall not take effect until the last of the existing assignment agreements in relation to that sound recording has been terminated in accordance with subsection (2).

(6) In this section and in sections 299B to 299E—

"assignment agreement" means an agreement between the performer and the producer by which the performer transfers or assigns one or more of the transmissible rights conferred on him or her by this Part to the producer;

"producer" means the person for the time being entitled to the copyright in the sound recording.]