PART 5PERFORMANCES

Application of Part 2 of the Act to WTO countries12

1

This article applies to a country listed in Part 2 of the Schedule to this Order where this article is specified in the entry relating to that country (WTO members not party to the Rome Convention or the WPPT).

2

A country to which this article applies is, subject to paragraph (3), designated as enjoying reciprocal protection under Part 2 of the Act.

3

Part 2 of the Act applies subject to the following modifications—

a

the definition of recording in section 180(2) (rights conferred on performers and persons having recording rights), shall be construed as applying only to sound recordings (and not to films); and

b

the following provisions do not apply—

i

section 182C (consent required for rental or lending of copies to public), in so far as it relates to lending;

ii

section 182CA (consent required for making available to the public) M1;

iii

section 182D (right to equitable remuneration for exploitation of sound recording) M2;

iv

section 183 (infringement of performer's rights by use of recording made without consent);

v

sections 185 to 188 (rights of persons having recording rights); and

vi

section 198(1A) and (2) (criminal liability for making available to the public) M3.