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Copyright, Designs and Patents Act 1988

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[F1181 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

F1S. 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))

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