X1[F1[F2182B Consent required for issue of copies to public.U.K.
(1)A performer’s rights are infringed by a person who, without his consent, issues to the public copies of a recording of the whole or any substantial part of a qualifying performance.
(2)References in this Part to the issue to the public of copies of a recording are to—
(a)the act of putting into circulation in the [F3UK-EEA area] copies not previously put into circulation in the [F3UK-EEA area] by or with the consent of the performer, or
(b)the act of putting into circulation outside the [F3UK-EEA area] copies not previously put into circulation in the [F3UK-EEA area] or elsewhere.
(3)References in this Part to the issue to the public of copies of a recording do not include—
(a)any subsequent distribution, sale, hiring or loan of copies previously put into circulation (but see section 182C: consent required for rental or lending), or
(b)any subsequent importation of such copies into the United Kingdom or [F4an] EEA state,
except so far as paragraph (a) of subsection (2) applies to putting into circulation in the [F5UK-EEA area] copies previously put into circulation outside the [F5UK-EEA area].
[F6(3A)In this section “UK-EEA area” means the United Kingdom and the EEA, taken together.]
(4)References in this Part to the issue of copies of a recording of a performance include the issue of the original recording of the live performance.
(5)The right of a performer under this section to authorise or prohibit the issue of copies to the public is referred to in [F7this Chapter] as “distribution right”.]]
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.
Textual Amendments
F1Ss. 182-205B become Pt. 2 Ch. 2 (1.2.2006) by virtue of The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 4(4) (with reg. 8)
F2S. 182B inserted (1.12.1996) by S.I. 1996/2967, reg. 20(2) (with Pt. III)
F3Words in s. 182B(2) substituted (31.1.2020) by The Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2019 (S.I. 2019/265), regs. 1, 4(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F4Word in s. 182B(3)(b) substituted (31.1.2020) by The Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2019 (S.I. 2019/265), regs. 1, 4(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in s. 182B(3) substituted (31.1.2020) by The Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2019 (S.I. 2019/265), regs. 1, 4(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F6S. 182B(3A) inserted (31.1.2020) by The Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2019 (S.I. 2019/265), regs. 1, 4(4)(c); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in s. 182B(5) substituted (1.2.2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 2, Sch. para. 8 (with reg. 8)