Copyright, Designs and Patents Act 1988

X1[F1Non-property rights]U.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. 192A, 192B and crossheading substituted for s. 192 (1.12.1996) by S.I. 1996/2967, reg. 21(2) (with Pt. III)

X2 [F2 192A Performers’ non-property rights.U.K.

(1)the rights conferred on a performer by -

section 182 (consent required for recording, &c. of live performance),

section 183 (infringement of performer’s rights by use of recording made without consent), F3 ...

section 184 (infringement of performer’s rights importing, possessing or dealing with illicit recording),

[F4section 191HA (assignment of performer’s property rights in a sound recording), and

section 191HB (payment in consideration of assignment),]

are not assignable or transmissible, except to the following extent.

They are referred to in [F5 this Chapter ] as “ F6 . . . performer’s non-property rights”.

(2)On the death of a person entitled to any such right—

(a)the right passes to such person as he may by testamentary disposition specifically direct, and

(b)if or to the extent that there is no such direction, the right is exercisable by his personal representatives.

(3)References in [F5this Chapter] to the performer, in the context of the person having any such right, shall be construed as references to the person for the time being entitled to exercise those rights.

(4)Where by virtue of subsection (2)(a) a right becomes exercisable by more than one person, it is exercisable by each of them independently of the other or others.

(5)Any damages recovered by personal representatives by virtue of this section in respect of an infringement after a person’s death shall devolve as part of his estate as if the right of action had subsisted and been vested in him immediately before his death.]

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

F2Ss. 192A, 192B and crossheading substituted for s. 192 (1.12.1996) by S.I. 1996/2967, reg. 21(2) (with Pt. III)

X3[F7192B Transmissibility of rights of person having recording rights.U.K.

(1)The rights conferred by [F8this Chapter] on a person having recording rights are not assignable or transmissible.

(2)This does not affect section 185(2)(b) or (3)(b), so far as those provisions confer rights under [F8this Chapter] on a person to whom the benefit of a contract or licence is assigned.]

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

F7Ss. 192A, 192B and crossheading substituted for s. 192 (1.12.1996) by S.I. 1996/2967, reg. 21(2) (with Pt. III)

X4193 Consent.U.K.

(1)Consent for the purposes of [F9this Chapter][F10by a person having a performer’s non-property rights, or by a person having recording rights,] may be given in relation to a specific performance, a specified description of performances or performances generally, and may relate to past or future performances.

(2)A person having recording rights in a performance is bound by any consent given by a person through whom he derives his rights under the exclusive recording contract or licence in question, in the same way as if the consent had been given by him.

(3)Where [F11a performer’s non-property right] passes to another person, any consent binding on the person previously entitled binds the person to whom the right passes in the same way as if the consent had been given by him.

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.

Textual Amendments

F10Words in s. 193(1) inserted (1.12.1996) by S.I. 1996/2967, reg. 21(3)(a) (with Pt. III)

F11Words in s. 193(3) substituted (1.12.1996) by S.I. 1996/2967, reg. 21(3)(b) (with Pt. III)