[F1181 Qualifying performances.U.K.
(1)A performance is a qualifying performance for the purposes of this Part if it meets any of Conditions A to D.
(2)Condition A is that the performance is given by a qualifying individual.
(3)Condition B is that the performance takes place in a qualifying country.
(4)Condition C is that the performance is included in a sound recording and—
(a)the producer of that sound recording is a qualifying individual or a body incorporated under the law of a qualifying country, or
(b)that sound recording is—
(i)first published in a qualifying country, or
(ii)published in a qualifying country within the period of 30 days beginning with the day on which it is first published.
(5)But Condition C is not met if, or to the extent that, the sound recording in question is a copy taken from a previous sound recording.
(6)Condition D is that—
(a)the performance has not been included in a sound recording,
(b)the performance is broadcast, and
(c)the broadcast is—
(i)made from a qualifying country, or
(ii)made by a broadcasting organisation the headquarters of which are situated in a qualifying country.
(7)In subsection (4)(a), the “producer” of a sound recording means the person who undertakes the arrangements necessary for the making of the sound recording.]
Textual Amendments
F1S. 181 substituted (coming into force in accordance with s. 7(1) of the amending Act) by Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 (c. 6), s. 5(2) (with s. 5(4)-(6))