Copyright, Designs and Patents Act 1988

[F1 181 Qualifying performances. U.K.

(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) In subsection (4)(a), the “producer” of a sound recording means the person who undertakes the arrangements necessary for the making of the sound recording.]

Textual Amendments

F1 S. 181 substituted (coming into force in accordance with s. 7(1) of the amending Act) by Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 (c. 6), s. 5(2) (with s. 5(4)-(6))