The Copyright and Performances (Application to Other Countries) Order 2016

Restricted application of section 159(3) in relation to certain sound recordings

3.—(1) The application of Part 1 of the Act by virtue of section 159(3) (countries that are parties to the WPPT) is subject to the restrictions set out in paragraph (2).

(2) Where a country is a party to the WPPT but not the Rome Convention(1), Part 1 of the Act applies except that—

(a) section 18A (infringement by rental or lending of work to the public)(2) does not apply in so far as it relates to lending;

(b) section 20 (infringement by communication to the public)(3) does not apply to the broadcasting of a sound recording; and

(c) section 107(2A) (criminal liability for communicating to the public)(4) does not apply in relation to the broadcasting of a sound recording.

(1)

Cm.2425; “Rome Convention” is defined in section 159(9) of the Copyright, Designs and Patents Act 1988.

(2)

Section 18A was inserted by regulation 10(2) of the Copyright and Related Rights Regulations 1996 (S.I. 1996/2967) and subsequently amended by paragraph 6(2) of Schedule 1 to the Copyright and Related Rights Regulations 2003 (S.I. 2003/2498).

(3)

Section 20 was substituted by regulation 6(1) of the Copyright and Related Rights Regulations 2003.

(4)

Section 107(2A) was inserted by regulation 26(1)(a) of the Copyright and Related Rights Regulations 2003.