5Performers’ rights
1
2
For section 181 (qualifying performances) substitute—
181Qualifying performances
1
A performance is a qualifying performance for the purposes of this Part if it meets any of Conditions A to D.
2
Condition A is that the performance is given by a qualifying individual.
3
Condition B is that the performance takes place in a qualifying country.
4
Condition C is that the performance is included in a sound recording and—
a
the producer of that sound recording is a qualifying individual or a body incorporated under the law of a qualifying country, or
b
that sound recording is—
i
first published in a qualifying country, or
ii
published in a qualifying country within the period of 30 days beginning with the day on which it is first published.
5
But Condition C is not met if, or to the extent that, the sound recording in question is a copy taken from a previous sound recording.
6
Condition D is that—
a
the performance has not been included in a sound recording,
b
the performance is broadcast, and
c
the broadcast is—
i
made from a qualifying country, or
ii
made by a broadcasting organisation the headquarters of which are situated in a qualifying country.
7
3
In section 206 (qualifying countries, individuals and persons), in subsection (4), before paragraph (a) insert—
za
make provision for the application of this Part to a country by virtue of paragraph (a) or (ba) of the definition of “qualifying country” in subsection (1) to be subject to specified restrictions, but those restrictions may only relate to rights which would otherwise apply as a result of—
i
a performance being a qualifying performance because it meets Condition C or Condition D in section 181, and
ii
that condition being met by way of a connection to such a country;
4
The amendment made by subsection (2) has effect in relation to performances taking place before, on or after the commencement date.
5
But an act done—
a
before the commencement date, or
b
on or after that date, but in pursuance of arrangements made before that date,
is not to be regarded as infringing or affecting any new performers’ right, except as provided in subsection (6).
6
a
the arrangements in question are an agreement that purports to exclude or restrict the right or to prevent a person from questioning such a right or to restrict the powers of the Copyright Tribunal in relation to such a right, and
b
as a result of the application of Part 2 of the Copyright, Designs and Patents Act 1988 in relation to the agreement, the exclusion, restriction or prevention is of no effect.
7
The amendment made by subsection (3) has the effect of enabling an Order in Council under section 206(4)(za) of the Copyright, Designs and Patents Act 1988 to make provision that has effect in relation to performances taking place before, on or after—
a
the date on which the Order comes into force, or
b
the commencement date.
8
In this section—
“commencement date” means the date on which subsection (2) comes into force;
“new performers’ right” means a right under Part 2 of the Copyright, Designs and Patents Act 1988 arising as a result of the amendment made by subsection (2).