X1[F1 Exceptions to rights conferredU.K.
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)
X2189 Acts permitted notwithstanding rights conferred by [F2this Chapter].U.K.
The provisions of Schedule 2 specify acts which may be done notwithstanding the rights conferred by [F3this Chapter], being acts which correspond broadly to certain of those specified in Chapter III of Part I (acts permitted notwithstanding copyright).
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.
Textual Amendments
F2Words in heading to s. 189 substituted (1.2.2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 2, Sch. para. 8 (with reg. 8)
F3Words in s. 189 substituted (1.2.2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 2, Sch. para. 8 (with reg. 8)
X3190 Power of tribunal to give consent on behalf of performer in certain cases.U.K.
[F4(1)The Copyright Tribunal may, on the application of a person wishing to make a copy of a recording of a performance, give consent in a case where the identity or whereabouts of the person entitled to the reproduction right cannot be ascertained by reasonable inquiry.]
(2)Consent given by the Tribunal has effect as consent of [F5the person entitled to the reproduction right] for the purposes of—
(a)the provisions of [F6this Chapter] relating to performers’ rights, and
(b)section 198(3)(a) (criminal liability: sufficient consent in relation to qualifying performances),
and may be given subject to any conditions specified in the Tribunal’s order.
(3)The Tribunal shall not give consent under subsection (1)(a) except after the service or publication of such notices as may be required by rules made under section 150 (general procedural rules) or as the Tribunal may in any particular case direct.
F7(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)In any case the Tribunal shall take into account the following factors—
(a)whether the original recording was made with the performer’s consent and is lawfully in the possession or control of the person proposing to make the further recording;
(b)whether the making of the further recording is consistent with the obligations of the parties to the arrangements under which, or is otherwise consistent with the purposes for which, the original recording was made.
(6)Where the Tribunal gives consent under this section it shall, in default of agreement between the applicant and [F8the person entitled to the reproduction right], make such order as it thinks fit as to the payment to be made to [F9that person] in consideration of consent being given.]
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.
Textual Amendments
F4S. 190(1) substituted (1.12.1996) by S.I. 1996/2967, reg. 23(2) (with Pt. III)
F5Words in s. 190(2) substituted (1.12.1996) by S.I. 1996/2967, reg. 23(3) (with Pt. III)
F6Words in s. 190(2)(a) substituted (1.2.2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 2, Sch. para. 8 (with reg. 8)
F7S. 190(4) omitted (1.12.1996) by virtue of S.I. 1996/2967, reg. 23(4) (with Pt. III)
F8Words in s. 190(6) substituted (1.12.1996) by S.I. 1996/2967, reg. 23(5)(a) (with Pt. III)
F9Words in s. 190(6) substituted (1.12.1996) by S.I. 1996/2967, reg. 23(5)(b) (with Pt. III)