Part II Rights in performances

F1Chapter 4QUALIFICATION FOR PROTECTION, EXTENT AND INTERPRETATION

X1 Qualification for protection and extent

Annotations:
Editorial Information

X1The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.

X2206 Qualifying countries, individuals and persons.

(1)

In this Part—

“qualifying country” means—

(a)

the United Kingdom,

(b)

another member State of the F2European Union, or

(c)

to the extent that an Order under section 208 so provides, a country designated under that section as enjoying reciprocal protection;

“qualifying individual” means a citizen or subject of, or an individual resident in, a qualifying country; and

“qualifying person” means a qualifying individual or a body corporate or other body having legal personality which—

(a)

is formed under the law of a part of the United Kingdom or another qualifying country, and

(b)

has in any qualifying country a place of business at which substantial business activity is carried on.

(2)

The reference in the definition of “qualifying individual” to a person’s being a citizen or subject of a qualifying country shall be construed—

(a)

in relation to the United Kingdom, as a reference to his being a British citizen, and

(b)

in relation to a colony of the United Kingdom, as a reference to his being a British Dependent Territories’ citizen by connection with that colony.

(3)

In determining for the purpose of the definition of “qualifying person” whether substantial business activity is carried on at a place of business in any country, no account shall be taken of dealings in goods which are at all material times outside that country.

Annotations:
Amendments (Textual)

F2Words substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 3, 4

Editorial Information

X2The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.

X3207 Countries to which this Part extends.

This Part extends to England and Wales, Scotland and Northern Ireland.

Annotations:
Editorial Information

X3The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.

X4208 Countries enjoying reciprocal protection.

(1)

Her Majesty may by Order in Council designate as enjoying reciprocal protection under this Part—

(a)

a Convention country, or

(b)

a country as to which Her Majesty is satisfied that provision has been or will be made under its law giving adequate protection for British performances.

(2)

A “Convention country” means a country which is a party to a Convention relating to performers’ rights to which the United Kingdom is also a party.

(3)

A “British performance” means a performance—

(a)

given by an individual who is a British citizen or resident in the United Kingdom, or

(b)

taking place in the United Kingdom.

(4)

If the law of that country provides adequate protection only for certain descriptions of performance, an Order under subsection (1)(b) designating that country shall contain provision limiting to a corresponding extent the protection afforded by this Part in relation to performances connected with that country.

(5)

The power conferred by subsection (1)(b) is exercisable in relation to any of the Channel Islands, the Isle of Man or any colony of the United Kingdom, as in relation to a foreign country.

(6)

A statutory instrument containing an Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:
Editorial Information

X4The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.

X5209 Territorial waters and the continental shelf.

(1)

For the purposes of this Part the territorial waters of the United Kingdom shall be treated as part of the United Kingdom.

(2)

This Part applies to things done in the United Kingdom sector of the continental shelf on a structure or vessel which is present there for purposes directly connected with the exploration of the sea bed or subsoil or the exploitation of their natural resources as it applies to things done in the United Kingdom.

(3)

The United Kingdom sector of the continental shelf means the areas designated by order under section 1(7) of the M1Continental Shelf Act 1964.

Annotations:
Marginal Citations

M11964 c. 29.

Editorial Information

X5The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.

X6210 British ships, aircraft and hovercraft.

(1)

This Part applies to things done on a British ship, aircraft or hovercraft as it applies to things done in the United Kingdom.

(2)

In this section—

“British ship” means a ship which is a British ship for the purposes of the F3Merchant Shipping Act 1995 otherwise than by virtue of registration in a country outside the United Kingdom; and

“British aircraft” and “British hovercraft” mean an aircraft or hovercraft registered in the United Kingdom.

Annotations:
Amendments (Textual)

F3Words in s. 210(2) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 84(b) (with s. 312(1))

Editorial Information

X6The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.

F4210A

Requirement of signature: application in relation to body corporate

(1)

The requirement in the following provisions that an instrument be signed by or on behalf of a person is also satisfied in the case of a body corporate by the affixing of its seal—

  • section 191B(3) (assignment of performer's property rights);

  • section 191C(1) (assignment of future performer's property rights);

  • section 191D(1) (grant of exclusive licence).

(2)

The requirement in the following provisions that an instrument be signed by a person is also satisfied in the case of a body corporate by signature on behalf of the body or by the affixing of its seal—

  • section 205D(2)(a) (assertion of performer's moral rights);

  • section 205J(2) (waiver of performer's moral rights).

X7 Interpretation

Annotations:
Editorial Information

X7The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.

X8211 Expressions having same meaning as in copyright provisions.

(1)

The following expressions have the same meaning in this Part as in Part I (copyright)—

  • F5assignment (in Scotland),

  • broadcast,

  • business,

  • F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F8communication to the public,

  • country,

  • defendant (in Scotland),

  • delivery up (in Scotland),

  • F9the EEA,

  • F9EEA state,

  • film,

  • F10injunction (in Scotland)

  • literary work,

  • published, F11. . .

  • F12signed,

  • F13sound recording, and

  • F14wireless broadcast.

(2)

F15 The provisions of—

(a)

section 5B(2) and (3) (supplementary provisions relating to films), and

(b)

section 6(3) to (5A) and section 19(4) (supplementary provisions relating to broadcasting),

apply for the purposes of this Part, and in relation to an infringement of the rights conferred by this Part, as they apply for the purposes of Part I and in relation to an infringement of copyright.

X9212 Index of defined expressions.

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used only in the same section)—

F16assignment (in Scotland)

section 211(1) (and section 177);

broadcast (and related expressions)

section 211 (and section 6)

business

section 211(1) (and section 178)

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18communication to the public

section 211(1) (and section 20)

F19consent of performer (in relation to performer’s property rights)

F20section 191A(2)

country

section 211(1) (and section 178)

defendant (in Scotland)

section 211(1) (and section 177)

delivery up (in Scotland)

section 211(1) (and section 177)

F21distribution right

F22section 182B(5)

F23the EEA and EEA state

F24section 211(1) (and section 172A)

exclusive recording contract

section 185(1)

film

section 211(1) (and F25section 5B)

F26group

section 205C(4);

illicit recording

section 197

F27injunction (in Scotland)

section 211(1) (and section 177)

F28issue to the public

section 182B;

literary work

section 211(1) (and section 3(1))

F29lending right

F30section 182C(7)

F31making available right

section 182CA

performance

section 180(2)

F32performer’s non-property rights

F33section 192A(1)

F34performer’s property rights

F35section 191A(1)

published

section 211(1) (and section 175)

qualifying country

section 206(1)

qualifying individual

section 206(1) and (2)

qualifying performance

section 181

qualifying person

section 206(1) and (3)

recording (of a performance)

section 180(2)

recording rights (person having)

section 185(2) and (3)

F36rental right)

F37section 182C(7)

F38reproduction right

F39section 182A(3)

F40rights owner (in relation to performer’s property rights)

F41 section 191A(3) and (4).

F42signed

section 211(1) (and section 176);

sound recording

section 211(1) (and F43section 5A).

F44wireless broadcast

section 211(1) (and section 178).