The Copyright and Performances (Application to Other Countries) Order 2012

Exceptions to application of Part II

7.—(1) In relation to article 6(2), (3) and (5), the following provisions of Part II shall not apply—

(a) section 182C (consent required for rental or lending of copies to public)(1), in so far as it relates to lending;

(b) section 183 (infringement of performer’s rights by use of recording made without consent)(2);

(c) sections 185 to 188 (rights of person having recording rights)(3);

(d) section 198(2) (criminal liability for playing or communicating to the public)(4).

(2) In relation to article 6(3), the following provisions of Part II shall not apply—

(a) section 182CA (consent required for making available to the public)(5);

(b) section 182D (right to equitable remuneration for exploitation of sound recording)(6);

(c) section 198(1A) (criminal liability for making available to the public)(7).

(3) In relation to article 6(4), the provisions of Part II shall not apply to grant the protection provided under Article 12 of the Rome Convention, unless the recording has been first published in a country (other than the United Kingdom) which is party to the Rome Convention and which has not made a relevant declaration under that Convention.

(4) In relation to article 6(5), where a country is a party to the WPPT and has made a relevant declaration under the WPPT, the provisions of Part II shall not apply to protect the right provided for in Article 15(1) of the WPPT to the extent the country has declared it will restrict the application of the provisions of Article 15(1) of the WPPT.

(1)

Section 182C of the Act was inserted by regulation 20(2) of the Copyright and Related Rights Regulations 1996 and was subsequently amended by regulation 2(1) of, and paragraph 6(2) of Schedule 1 to, the Copyright and Related Rights Regulations 2003 and regulation 2 of, and paragraph 8 of the Schedule to, the Performances (Moral Rights, etc) Regulations 2006 S.I. 2006/18.

(2)

Section 183 of the Act was amended by regulation 2(1) of, and paragraph 13(1)(a) of Schedule 1 to, the Copyright and Related Rights Regulations 2003.

(3)

Section 185 of the Act was amended by regulation 2 of, and paragraph 8 of the Schedule to, the Performances (Moral Rights, etc) Regulations 2006; section 186 of the Act was amended by regulation 2(2) of, and Schedule 2 to, the Copyright and Related Rights Regulations 2003; section 187 of the Act was amended by regulation 2(1) of, and paragraph 13(1)(b) of Schedule 1 to, the Copyright and Related Rights Regulations 2003.

(4)

Section 198(2) of the Act was amended by regulation 2(1) of, and paragraph 4(5) of the Schedule to, the Copyright and Related Rights Regulations 2003 and by regulation 2 of, and paragraph 8 of the Schedule to, the Copyright and Related Rights Regulations 2006.

(5)

Section 182CA of the Act was inserted by regulation 7(1) of the Copyright and Related Rights Regulations 2003 and was subsequently amended by regulation 2 of, and paragraph 8 of the Schedule to, the Performances (Moral Rights, etc) Regulations 2006.

(6)

Section 182D of the Act was inserted by regulation 20(2) of the Copyright and Related Rights Regulations 1996 and was subsequently amended by regulation 7(2) of the Copyright and Related Regulations 2003 and regulation 2 of, and paragraph 3 of the Schedule to, the Performances (Moral Rights, etc) Regulations 2006.

(7)

Section 198(1A) of the Act was inserted by regulation 26(3) of the Copyright and Related Rights Regulations 2003.