PART 3SOUND RECORDINGS

Restricted application of section 159(3) in relation to certain sound recordings3

1

The application of Part 1 of the Act by virtue of section 159(3) (countries that are parties to the WPPT F1: sound recordings) is subject to the F2restriction set out in paragraph (2).

2

Where a country is a party to the WPPT but not the Rome ConventionM1, Part 1 of the Act applies except that—

a

section 18A (infringement by rental or lending of work to the public)M2 does not apply in so far as it relates to lending;

F3b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sound recordings – application of Part 1 of the Act – parties to the Berne Convention and WTO Members4

1

This article applies to a relevant country that—

a

is not a party to the Rome Convention or the WPPT; and

b

satisfies either or both of the following criteria—

i

the country is a party to the Berne Convention M3; and

ii

the country is a member of the WTO.

2

Where this article applies to a country, Part 1 of the Act so far as it relates to sound recordings—

a

applies in relation to a person who is a citizen or subject of that country or a person domiciled or resident there as it applies in relation to a person who is a British citizen or is domiciled or resident in the United Kingdom,

b

applies in relation to a body incorporated under the law of that country as it applies in relation to a body incorporated under the law of a part of the United Kingdom, and

c

applies in relation to a sound recording first published in that country as it applies in relation to a sound recording first published the United Kingdom,

(but see paragraph (3)).

3

The application of Part 1 of the Act by virtue of paragraph (2) is subject to the following modifications—

a

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

b

the following provisions do not apply—

i

section 19 (infringement by showing or playing of work in public) M4;

ii

section 20 (infringement by communication to the public);

iii

section 26 (secondary infringement: provision of apparatus for infringing performance, &c); and

iv

section 107(2A) and (3) (criminal liability for communicating to the public or playing sound recording) M5.

Annotations:
Marginal Citations
M3

Cm. 1212; “Berne Convention” is defined in section 159(9) of the Copyright, Designs and Patents Act 1988.

M4

Section 19 was amended by paragraph 3(1) of Schedule 1 to the Copyright and Related Rights Regulations 2003.

M5

Section 107(2A) was inserted by regulations 3 and 26(1)(a) of the Copyright and Related Rights Regulations 2003 and section 107(3) was amended by paragraph 9(2) of Schedule 1 to those Regulations.

Sound recordings – application of Part 1 of the Act – miscellaneous countries5

1

This article applies to the countries listed in Part 1 of the Schedule to this Order.

2

Where this article applies to a country, Part 1 of the Act so far as it relates to sound recordings—

a

applies in relation to a person who is a citizen or subject of that country or a person domiciled or resident there as it applies in relation to a person who is a British citizen or is domiciled or resident in the United Kingdom;

b

applies in relation to a body incorporated under the law of that country as it applies in relation to a body incorporated under the law of a part of the United Kingdom; and

c

applies in relation to a sound recording first published in that country as it applies in relation to a sound recording first published in the United Kingdom.