C1C2C3C4C5C6C7C10C9C8 Part II Rights in performances
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 (with art. 7) (which S.I. was revoked (6.4.2006) by S.I. 2006/316, art. 1(3))
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 (with art. 7) (which S.I. was revoked (6.4.2007) by S.I. 2007/273, art. 1(3))
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 (with art. 7) (which S.I. was revoked (6.4.2008) by S.I. 2008/677, art. 1(3))
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 (with art. 7) (which S.I. was revoked (6.4.2012) by S.I. 2012/799, art. 1(3))
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 (with art. 8) (which S.I. was revoked (6.4.2013) by S.I. 2013/536, art. 1(3))
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))
Pt. 2 applied (with modifications) (6.4.2017) by The Copyright and Performances (Application to Other Countries) Order 2016 (S.I. 2016/1219), arts. 1(1), 12, Sch. Pt. 2 (with art. 13)
Pt. 2 applied (with modifications) (6.4.2017) by The Copyright and Performances (Application to Other Countries) Order 2016 (S.I. 2016/1219), arts. 1(1), 11, Sch. Pt. 2 (with art. 13)
Pt. 2 restricted (6.4.2017) by The Copyright and Performances (Application to Other Countries) Order 2016 (S.I. 2016/1219), arts. 1(1), 11, Sch. (with art. 13)
C10C9C8F41Chapter 4QUALIFICATION FOR PROTECTION, EXTENT AND INTERPRETATION
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
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). |
Pt. 2 restricted (22.4.2003) by The Performances (Reciprocal Protection) (Convention Countries and Isle of Man) Order 2003 (S.I. 2003/773), art. 3 (which S.I. was revoked (1.5.2005) by S.I. 2005/852, art. 8(c))