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Copyright, Designs and Patents Act 1988

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Copyright, Designs and Patents Act 1988, Chapter 4 is up to date with all changes known to be in force on or before 26 May 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[F1Chapter 4E+W+S+N.I.QUALIFICATION FOR PROTECTION, EXTENT AND INTERPRETATION

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Amendments (Textual)

F1Ss. 206-212 become Pt. 2 Ch. 4 (1.2.2006) by virtue of The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 4(7) (with reg. 8)

Modifications etc. (not altering text)

X1 Qualification for protection and extentE+W+S+N.I.

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Editorial Information

X1The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.

X2206 Qualifying countries, individuals and persons.E+W+S+N.I.

(1)In this Part—

  • qualifying country” means—

(a)the United Kingdom,

[F2(b) another EEA state,]

[F3(ba)the Channel Islands, the Isle of Man or Gibraltar,] or

[F4(bb)a country which is a party to the Rome Convention,] or

(c)to the extent that an Order under section 208 so provides, a country designated under that section as enjoying reciprocal protection;

  • qualifying individual” means a citizen or subject of, or an individual resident in, a qualifying country; and

  • qualifying person” means a qualifying individual or a body corporate or other body having legal personality which—

(a)is formed under the law of a part of the United Kingdom or another qualifying country, and

(b)has in any qualifying country a place of business at which substantial business activity is carried on.

(2)The reference in the definition of “qualifying individual” to a person’s being a citizen or subject of a qualifying country shall be construed—

(a)in relation to the United Kingdom, as a reference to his being a British citizen, and

(b)in relation to a colony of the United Kingdom, as a reference to his being a British Dependent Territories’ citizen by connection with that colony.

(3)In determining for the purpose of the definition of “qualifying person” whether substantial business activity is carried on at a place of business in any country, no account shall be taken of dealings in goods which are at all material times outside that country.

[F5(4)Her Majesty may by Order in Council—

(a)make provision for the application of this Part to a country by virtue of paragraph (bb) or (c) of the definition of “qualifying country” in subsection (1) to be subject to specified restrictions;

(b)amend the definition of “qualifying country” in subsection (1) so as to add a country which is not a party to the Rome Convention;

(c)make provision for the application of this Part to a country added under paragraph (b) to be subject to specified restrictions.

(5)A statutory instrument containing an Order in Council under this section is subject to annulment in pursuance of a resolution of either House of Parliament.]

[F6(6)In this section, “the Rome Convention” means the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations done at Rome on 26 October 1961.]

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Editorial Information

X2The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.

Amendments (Textual)

F2Words in s. 206(1) substituted (1.12.2016 for specified purposes, 6.4.2017 in so far as not already in force) by Intellectual Property Act 2014 (c. 18), ss. 22(5)(a), 24(1); S.I. 2016/1139, arts. 2, 3 (with art. 4)

F3Words in s. 206(1) inserted (1.12.2016 for specified purposes, 6.4.2017 in so far as not already in force) by Intellectual Property Act 2014 (c. 18), ss. 22(5)(b), 24(1); S.I. 2016/1139, arts. 2, 3 (with art. 4)

F4Words in s. 206(1) inserted (1.12.2016 for specified purposes, 6.4.2017 in so far as not already in force) by Intellectual Property Act 2014 (c. 18), ss. 22(5)(c), 24(1); S.I. 2016/1139, arts. 2, 3 (with art. 4)

F5S. 206(4)(5) inserted (1.12.2016 for specified purposes, 6.4.2017 in so far as not already in force) by Intellectual Property Act 2014 (c. 18), ss. 22(6), 24(1); S.I. 2016/1139, arts. 2, 3 (with art. 4)

F6S. 206(6) inserted (1.12.2016 for specified purposes, 6.4.2017 in so far as not already in force) by Intellectual Property Act 2014 (c. 18), ss. 22(7), 24(1); S.I. 2016/1139, arts. 2, 3 (with art. 4)

X3207 Countries to which this Part extends.E+W+S+N.I.

This Part extends to England and Wales, Scotland and Northern Ireland.

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Editorial Information

X3The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.

X4208 Countries enjoying reciprocal protection.E+W+S+N.I.

(1)Her Majesty may by Order in Council designate as enjoying reciprocal protection under this Part—

(a)a Convention country, or

(b)a country as to which Her Majesty is satisfied that provision has been or will be made under its law giving adequate protection for British performances.

(2)A “Convention country” means a country which is a party to a Convention relating to performers’ rights to which the United Kingdom is also a party.

(3)A “British performance” means a performance—

(a)given by an individual who is a British citizen or resident in the United Kingdom, or

(b)taking place in the United Kingdom.

(4)If the law of that country provides adequate protection only for certain descriptions of performance, an Order under subsection (1)(b) designating that country shall contain provision limiting to a corresponding extent the protection afforded by this Part in relation to performances connected with that country.

(5)The power conferred by subsection (1)(b) is exercisable in relation to F7... any colony of the United Kingdom, as in relation to a foreign country.

(6)A statutory instrument containing an Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Editorial Information

X4The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.

Amendments (Textual)

F7Words in s. 208(5) omitted (1.12.2016 for specified purposes, 6.4.2017 in so far as not already in force) by virtue of Intellectual Property Act 2014 (c. 18), ss. 22(8), 24(1); S.I. 2016/1139, arts. 2, 3 (with art. 4)

X5209 Territorial waters and the continental shelf.E+W+S+N.I.

(1)For the purposes of this Part the territorial waters of the United Kingdom shall be treated as part of the United Kingdom.

(2)This Part applies to things done in the United Kingdom sector of the continental shelf on a structure or vessel which is present there for purposes directly connected with the exploration of the sea bed or subsoil or the exploitation of their natural resources as it applies to things done in the United Kingdom.

(3)The United Kingdom sector of the continental shelf means the areas designated by order under section 1(7) of the M1Continental Shelf Act 1964.

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Editorial Information

X5The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.

Marginal Citations

X6210 British ships, aircraft and hovercraft.E+W+S+N.I.

(1)This Part applies to things done on a British ship, aircraft or hovercraft as it applies to things done in the United Kingdom.

(2)In this section—

  • British ship” means a ship which is a British ship for the purposes of the [F8Merchant Shipping Act 1995] otherwise than by virtue of registration in a country outside the United Kingdom; and

  • British aircraft” and “British hovercraft” mean an aircraft or hovercraft registered in the United Kingdom.

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Editorial Information

X6The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.

Amendments (Textual)

F8Words in s. 210(2) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 84(b) (with s. 312(1))

[F9210A

Requirement of signature: application in relation to body corporate

(1)The requirement in the following provisions that an instrument be signed by or on behalf of a person is also satisfied in the case of a body corporate by the affixing of its seal—

  • section 191B(3) (assignment of performer's property rights);

  • section 191C(1) (assignment of future performer's property rights);

  • section 191D(1) (grant of exclusive licence).

(2)The requirement in the following provisions that an instrument be signed by a person is also satisfied in the case of a body corporate by signature on behalf of the body or by the affixing of its seal—

  • section 205D(2)(a) (assertion of performer's moral rights);

  • section 205J(2) (waiver of performer's moral rights).]

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Amendments (Textual)

X7 InterpretationE+W+S+N.I.

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Editorial Information

X7The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.

X8211 Expressions having same meaning as in copyright provisions.E+W+S+N.I.

(1)The following expressions have the same meaning in this Part as in Part I (copyright)—

  • [F10assignment (in Scotland),]

  • broadcast,

  • business,

  • F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F13communication to the public,]

  • country,

  • defendant (in Scotland),

  • delivery up (in Scotland),

  • [F14the EEA,]

  • [F14EEA state,]

  • film,

  • [F15injunction (in Scotland)]

  • literary work,

  • published, F16. . .

  • [F17signed,]

  • [F18sound recording, and]

  • [F19wireless broadcast.]

(2)[F20 The provisions of—

(a)section 5B(2) and (3) (supplementary provisions relating to films), and

(b)section 6(3) to (5A) and section 19(4) (supplementary provisions relating to broadcasting),

apply] for the purposes of this Part, and in relation to an infringement of the rights conferred by this Part, as they apply for the purposes of Part I and in relation to an infringement of copyright.

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Editorial Information

X8The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.

Amendments (Textual)

F14S. 211(1): entries relating to "the EEA," and "EEA state," substituted (29.4.2006) for entry relating to "EEA national," by The Intellectual Property (Enforcement, etc.) Regulations 2006 (S.I. 2006/1028), reg. 2(2), Sch. 2 para. 12

F18S. 211(1): entry substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(1), {Sch. 1para. 15(5)(a)(ii)} (with regs. 31-40)

X9212 Index of defined expressions.E+W+S+N.I.

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used only in the same section)—

[F21accessible copy (in paragraphs 3A to 3E of Schedule 2)paragraph 3E(4) of Schedule 2]
[F22assignment (in Scotland)section 211(1) (and section 177);]
broadcast (and related expressions)section 211 (and section 6)
businesssection 211(1) (and section 178)
F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F24communication to the publicsection 211(1) (and section 20)]
[F25consent of performer (in relation to performer’s property rights)][F26section 191A(2)]
countrysection 211(1) (and section 178)
defendant (in Scotland)section 211(1) (and section 177)
delivery up (in Scotland)section 211(1) (and section 177)
[F21disabled person (in paragraphs 3A to 3E of Schedule 2)paragraph 3E(2) and (3) of Schedule 2]
[F27distribution right][F28section 182B(5)]
[F29the EEA and EEA state][F30section 211(1) (and section 172A)]
exclusive recording contractsection 185(1)
filmsection 211(1) (and [F31section 5B])
[F32groupsection 205C(4);]
illicit recordingsection 197
[F33injunction (in Scotland)section 211(1) (and section 177)]
[F34issue to the publicsection 182B;]
literary worksection 211(1) (and section 3(1))
[F35lending right][F36section 182C(7)]
[F37making available rightsection 182CA]
performancesection 180(2)
[F38performer’s non-property rights][F39section 192A(1)]
[F40performer’s property rights][F41section 191A(1)]
publishedsection 211(1) (and section 175)
qualifying countrysection 206(1)
qualifying individualsection 206(1) and (2)
qualifying performancesection 181
qualifying personsection 206(1) and (3)
recording (of a performance)section 180(2)
recording rights (person having)section 185(2) and (3)
[F42rental right)][F43section 182C(7)]
[F44reproduction right][F45section 182A(3)]
[F46rights owner (in relation to performer’s property rights)][F47 section 191A(3) and (4).]
[F48signedsection 211(1) (and section 176);]
sound recordingsection 211(1) (and [F49section 5A]).
[F50wireless broadcastsection 211(1) (and section 178).]]
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Editorial Information

X9The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.

Amendments (Textual)

F25Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 21(6) (with Pt. III)

F26Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 21(6) (with Pt. III)

F27Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 20(4) (with Pt. III)

F28Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 20(4) (with Pt. III)

F30Words in s. 212 inserted (1.1.1996) by S.I. 1995/3297, reg. 11(4) (with Pt. III)

F31Words in s. 212 substituted (1.1.1996) by S.I. 1995/3297, reg. 9(6)(a) (with Pt. III)

F35Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 20(4) (with Pt. III)

F36Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 20(4) (with Pt. III)

F38Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 21(6) (with Pt. III)

F39Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 21(6) (with Pt. III)

F40Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 21(6) (with Pt. III)

F41Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 21(6) (with Pt. III)

F42Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 20(4) (with Pt. III)

F43Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 20(4) (with Pt. III)

F44Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 20(4) (with Pt. III)

F45Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 20(4) (with Pt. III)

F46Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 21(6) (with Pt. III)

F47Words in s. 212 inserted (1.12.1996) by S.I. 1996/2967, reg. 21(6) (with Pt. III)

F49Words in s. 212 substituted (1.1.1996) by S.I. 1995/3297, reg. 9(6)(b) (with Pt. III)

[F51SupplementaryE+W+S+N.I.

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Amendments (Textual)

F51S. 212A and cross-heading inserted (1.12.2016 for specified purposes, 6.4.2017 in so far as not already in force) by Intellectual Property Act 2014 (c. 18), ss. 22(9), 24(1); S.I. 2016/1139, arts. 2, 3 (with art. 4)

212APower to amend in consequence of changes to international lawE+W+S+N.I.

(1)The Secretary of State may by order amend this Part in consequence of changes to international law in the area of performance rights.

(2)An order under this section must be made by statutory instrument; and no order may be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.]

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