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Order for disposal of unauthorised recordings or other object

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) An application may be made to the court for an order that an unauthorised recording or other object delivered up pursuant to an order made under section 253 shall be —(a)forfeited to the performer; or(b)destroyed or otherwise dealt with as the court thinks fit. (2) In considering what order, if any, should be made under this section, the court shall have regard to —(a)whether other remedies available in an action for an unauthorised use of a performance would be adequate to compensate the performer and to protect the interests of that performer; and(b)the need to ensure that no unauthorised recording is disposed of in a manner that would adversely affect a performer. (3) The court shall issue directions as to the service of notice on persons having an interest in the recording or other object. (4) Any person having an interest in the recording or other object is entitled —(a)to appear in proceedings for an order under this section, whether or not he is served with notice; and(b)to appeal against any order made, whether or not he appears in the proceedings.(5) An order made under this section shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal. (6) Where there is more than one person interested in a recording or other object, the court may direct that the recording or object be sold, or otherwise dealt with, and the proceeds divided, and shall make any other order as it thinks just. (7) If the court decides that no order should be made under this section, the person in whose possession the recording or other object was before being delivered up is entitled to its return and the court may order the defendant to pay to the performer such damages as the court thinks just or equitable.

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