Part II Rights in performances

F1Chapter 2ECONOMIC RIGHTS

Performers' rights

F2X1182B Consent required for issue of copies to public.

(1)

A performer’s rights are infringed by a person who, without his consent, issues to the public copies of a recording of the whole or any substantial part of a qualifying performance.

(2)

References in this Part to the issue to the public of copies of a recording are to—

(a)

the act of putting into circulation in the EEA copies not previously put into circulation in the EEA by or with the consent of the performer, or

(b)

the act of putting into circulation outside the EEA copies not previously put into circulation in the EEA or elsewhere.

(3)

References in this Part to the issue to the public of copies of a recording do not include—

(a)

any subsequent distribution, sale, hiring or loan of copies previously put into circulation (but see section 182C: consent required for rental or lending), or

(b)

any subsequent importation of such copies into the United Kingdom or another EEA state,

except so far as paragraph (a) of subsection (2) applies to putting into circulation in the EEA copies previously put into circulation outside the EEA.

(4)

References in this Part to the issue of copies of a recording of a performance include the issue of the original recording of the live performance.

(5)

The right of a performer under this section to authorise or prohibit the issue of copies to the public is referred to in F3this Chapter as “distribution right”.