C1C2C3C4C5C6C7C10C8C9 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 (with art. 7) (which S.I. was revoked (6.4.2006) by S.I. 2006/316, art. 1(3))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 (with art. 7) (which S.I. was revoked (6.4.2007) by S.I. 2007/273, art. 1(3))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 (with art. 7) (which S.I. was revoked (6.4.2008) by S.I. 2008/677, art. 1(3))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 (with art. 7) (which S.I. was revoked (6.4.2012) by S.I. 2012/799, art. 1(3))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 (with art. 8) (which S.I. was revoked (6.4.2013) by S.I. 2013/536, art. 1(3))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))

C10

Pt. 2 extended (with modifications) (6.4.2017) by The Copyright and Performances (Application to Other Countries) Order 2016 (S.I. 2016/1219), arts. 1(1), 10, 12, Sch. Pt. 2 (with art. 13) (as amended (26.6.2021) by S.I. 2021/636, arts. 1, 2(4)(b); and (15.4.2023) by S.I. 2023/296, arts. 1, 2(3))

F5Chapter 1INTRODUCTORY

Annotations:
Amendments (Textual)
F5

Cross-headings before ss. 180, 181 omitted (1.2.2006) and ss. 180, 181 become Pt. 2 Ch. 1 by virtue of The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 4(1)-(3) (with reg. 8)

X1180 Rights conferred on performers and persons having recording rights.

1

F1Chapter 2 of this Part (economic rights) confers rights—

a

on a performer, by requiring his consent to the exploitation of his performances (see sections 181 to 184), and

b

on a person having recording rights in relation to a performance, in relation to recordings made without his consent or that of the performer (see sections 185 to 188),

and creates offences in relation to dealing with or using illicit recordings and certain other related acts (see sections 198 and 201).

F21A

Rights are also conferred on a performer by the following provisions of Chapter 3 of this Part (moral rights)—

a

section 205C (right to be identified);

b

section 205F (right to object to derogatory treatment of performance).

2

In this Part — “performance” means —

a

a dramatic performance (which includes dance and mime),

b

a musical performance,

c

a reading or recitation of a literary work, or

d

a performance of a variety act or any similar presentation,

which is, or so far as it is, a live performance given by one or more individuals; and “recording”, in relation to a performance, means a film or sound recording—

a

made directly from the live performance,

b

made from a broadcast of F3. . . the performance, or

c

made, directly or indirectly, from another recording of the performance.

3

The rights conferred by this Part apply in relation to performances taking place before the commencement of this Part; but no act done before commencement, or in pursuance of arrangements made before commencement, shall be regarded as infringing those rights.

4

The rights conferred by this Part are independent of—

a

any copyright in, or moral rights relating to, any work performed or any film or sound recording of, or broadcast F4. . . the performance, and

b

any other right or obligation arising otherwise than under this Part.