PART 3SOUND RECORDINGS
Restricted application of section 159(3) in relation to certain sound recordings3
1
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
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F4c
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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.
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.