C1C2C3C4C5C6C7C10C9C8 Part II Rights in performances

Annotations:
Modifications etc. (not altering text)
C2

Pt. 2 extended (with modifications) (1.5.2005) by The Copyright and Performances (Application to Other Countries) Order 2005 (S.I. 2005/852), art. 6, Sch. (with art. 7) (which S.I. was revoked (6.4.2006) by S.I. 2006/316, art. 1(3))

C3

Pt. 2 extended (with modifications) (6.4.2006) by The Copyright and Performances (Application to Other Countries) Order 2006 (S.I. 2006/316), art. 6, Sch. (with art. 7) (which S.I. was revoked (6.4.2007) by S.I. 2007/273, art. 1(3))

C4

Pt. 2 extended (with modifications) (6.4.2007) by The Copyright and Performances (Application to Other Countries) Order 2007 (S.I. 2007/273), art. 6, Sch. (with art. 7) (which S.I. was revoked (6.4.2008) by S.I. 2008/677, art. 1(3))

C5

Pt. 2 extended (with modifications) (6.4.2008) by The Copyright and Performances (Application to Other Countries) Order 2008 (S.I. 2008/677), art. 6, Sch. (with art. 7) (which S.I. was revoked (6.4.2012) by S.I. 2012/799, art. 1(3))

C6

Pt. 2 extended (with modifications) (6.4.2012) by The Copyright and Performances (Application to Other Countries) Order 2012 (S.I. 2012/799), arts. 1(1), 6, 7, Sch. (with art. 8) (which S.I. was revoked (6.4.2013) by S.I. 2013/536, art. 1(3))

C7

Pt. 2 extended in part (with modifications) (6.4.2013) by The Copyright and Performances (Application to Other Countries) Order 2013 (S.I. 2013/536), arts. 1(1), 6, 7, Sch. (with art. 8) (as amended (6.4.2015) by S.I. 2015/216, art. 2) (which S.I. and amending S.I. were revoked (6.4.2017) by S.I. 2016/1219, art. 1(3))

C10C9C8F41Chapter 4QUALIFICATION FOR PROTECTION, EXTENT AND INTERPRETATION

Annotations:
Amendments (Textual)
F41

Ss. 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)

X3 Interpretation

Annotations:
Editorial Information
X3

The 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.

X1211 Expressions having same meaning as in copyright provisions.

1

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

  • F1assignment (in Scotland),

  • broadcast,

  • business,

  • F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F4communication to the public,

  • country,

  • defendant (in Scotland),

  • delivery up (in Scotland),

  • F5the EEA,

  • F5EEA state,

  • film,

  • F6injunction (in Scotland)

  • literary work,

  • published, F7. . .

  • F8signed,

  • F9sound recording, and

  • F10wireless broadcast.

2

F11 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.

X2212 Index of defined expressions.

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)—

F42accessible copy (in paragraphs 3A to 3E of Schedule 2)

paragraph 3E(4) of Schedule 2

F12assignment (in Scotland)

section 211(1) (and section 177);

broadcast (and related expressions)

section 211 (and section 6)

business

section 211(1) (and section 178)

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14communication to the public

section 211(1) (and section 20)

F15consent of performer (in relation to performer’s property rights)

F16section 191A(2)

country

section 211(1) (and section 178)

defendant (in Scotland)

section 211(1) (and section 177)

delivery up (in Scotland)

section 211(1) (and section 177)

F42disabled person (in paragraphs 3A to 3E of Schedule 2)

paragraph 3E(2) and (3) of Schedule 2

F17distribution right

F18section 182B(5)

F19the EEA and EEA state

F20section 211(1) (and section 172A)

exclusive recording contract

section 185(1)

film

section 211(1) (and F21section 5B)

F22group

section 205C(4);

illicit recording

section 197

F23injunction (in Scotland)

section 211(1) (and section 177)

F24issue to the public

section 182B;

literary work

section 211(1) (and section 3(1))

F25lending right

F26section 182C(7)

F27making available right

section 182CA

performance

section 180(2)

F28performer’s non-property rights

F29section 192A(1)

F30performer’s property rights

F31section 191A(1)

published

section 211(1) (and section 175)

qualifying country

section 206(1)

qualifying individual

section 206(1) and (2)

qualifying performance

section 181

qualifying person

section 206(1) and (3)

recording (of a performance)

section 180(2)

recording rights (person having)

section 185(2) and (3)

F32rental right)

F33section 182C(7)

F34reproduction right

F35section 182A(3)

F36rights owner (in relation to performer’s property rights)

F37 section 191A(3) and (4).

F38signed

section 211(1) (and section 176);

sound recording

section 211(1) (and F39section 5A).

F40wireless broadcast

section 211(1) (and section 178).