PART 2AMENDMENTS OF THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988

Making available right

Making available right for performers7

1

After section 182C there shall be inserted—

182CAConsent required for making available to the public

 

1

A performer’s rights are infringed by a person who, without his consent, makes available to the public a recording of the whole or any substantial part of a qualifying performance by electronic transmission in such a way that members of the public may access the recording from a place and at a time individually chosen by them.

2

The right of a performer under this section to authorise or prohibit the making available to the public of a recording is referred to in this Part as “making available right.

2

In section 182D (right to equitable remuneration for exploitation of sound recording) for subsection (1)(b) there shall be substituted—

b

is communicated to the public otherwise than by its being made available to the public in the way mentioned in section 182CA(1),

3

In section 191A (performers' property rights) in subsection (1) after the entry for “rental right and lending right” there shall be inserted “ making available right (section 182CA), ”.

4

Schedule 2A shall be amended as follows—

a

in paragraph 1(3) for the words “182B or 182C” there shall be substituted “ 182B, 182C or 182CA ”;

b

in paragraphs 2 and 9, for the “or” appearing at the end of sub-paragraph (a) there shall be substituted—

aa

making such a recording available to the public in the way mentioned in section 182CA(1), or.