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

PART 5 U.K. PERFORMANCES

[F1 Restriction on the application of Part 2 of the Act to the United Kingdom, the Channel Islands, the Isle of Man, Gibraltar and countries which are party to the Rome Convention U.K.

9.— (1) This article applies to—

(a) the United Kingdom;

(b) the Channel Islands, the Isle of Man and Gibraltar; and

(c) a country which is a party to the Rome Convention.

(2) Where this article applies, Part 2 of the Act applies subject to the modification set out in paragraph (3).

(3) In section 182D(1) (right to equitable remuneration for exploitation of sound recording), the reference to a qualifying performance shall be construed as a reference only to a performance which is a qualifying performance because it meets—

(a) Condition A or Condition B in section 181, or

(b) Condition C in that section by virtue of paragraph (a) of that Condition.]

Textual Amendments

F1 Art. 9 substituted (15.12.2024) by The Copyright and Performances (Application to Other Countries) (Amendment) (No. 2) Order 2024 (S.I. 2024/1124), arts. 1(2), 4

Application of Part 2 of the Act to WPPT countries which have made a declaration under Article 15(3) of the WPPT and which are party to the Rome Convention U.K.

F2 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Art. 10 omitted (15.12.2024) by virtue of The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 (S.I. 2024/193), arts. 1(2), 6(2)

Application of Part 2 of the Act to WPPT countries not party to the Rome Convention U.K.

11.—(1) This article applies to the countries listed in Part 2 of the Schedule where this article is specified in the entry relating to that country (countries party to the WPPT but not the Rome Convention).

(2) A country to which this article applies is, subject to paragraphs (3) and (4), designated as enjoying reciprocal protection under Part 2 of the Act.

(3) Part 2 of the Act applies subject to the following modifications—

(a) the definition of recording in section 180(2) (rights conferred on performers and persons having recording rights), shall be construed as applying only to sound recordings (and not to films);

[F3 (aa) in section 182D(1) (right to equitable remuneration for exploitation of sound recording), the reference to a qualifying performance shall be construed as a reference only to a performance which is a qualifying performance because it meets Condition A or Condition B in section 181;]

(b) the following provisions do not apply—

(i) section 182C (consent required for rental or lending of copies to public), in so far as it relates to lending;

F4 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) sections 185 to 188 (rights of persons having recording rights); and

(iv) section 198(2) (criminal liability for making available to the public) [F5 , in so far as it relates to an infringement under section 187].

(4) Where a country to which this article applies [F6 , other than New Zealand and Singapore,] has made a declaration under Article 15(3) of the WPPT that—

(a) it will apply the provisions of Article 15(1) of the WPPT (which confers on performers and producers of phonograms a right to remuneration for broadcasting and communication to the public) only in respect of certain uses,

(b) it will limit the application of the provisions of Article 15(1) of the WPPT in some other way, or

(c) it will not apply the provisions of Article 15(1) of the WPPT at all,

the provisions of Part 2 of the Act shall not apply to protect the right provided for in Article 15(1) of the WPPT to the extent that the declaration is in force in the law of that country in relation to British performances.

Textual Amendments

F3 Art. 11(3)(aa) inserted (15.12.2024) by The Copyright and Performances (Application to Other Countries) (Amendment) (No. 2) Order 2024 (S.I. 2024/1124), arts. 1(2), 5

F4 Art. 11(3)(b)(ii) omitted (15.12.2024) by virtue of The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 (S.I. 2024/193), arts. 1(2), 6(3)(a)(i)

F5 Words in art. 11(3)(b)(iv) inserted (15.12.2024) by The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 (S.I. 2024/193), arts. 1(2), 6(3)(a)(ii)

F6 Words in art. 11(4) inserted (15.12.2024) by The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 (S.I. 2024/193), arts. 1(2), 6(3)(b)

Application of Part 2 of the Act to WTO countries U.K.

12.—(1) This article applies to a country listed in Part 2 of the Schedule to this Order where this article is specified in the entry relating to that country (WTO members not party to the Rome Convention or the WPPT).

(2) A country to which this article applies is, subject to paragraph (3), designated as enjoying reciprocal protection under Part 2 of the Act.

(3) Part 2 of the Act applies subject to the following modifications—

(a) the definition of recording in section 180(2) (rights conferred on performers and persons having recording rights), shall be construed as applying only to sound recordings (and not to films); and

(b) the following provisions do not apply—

(i) section 182C (consent required for rental or lending of copies to public), in so far as it relates to lending;

(ii) section 182CA (consent required for making available to the public) M1 ;

(iii) section 182D (right to equitable remuneration for exploitation of sound recording) M2 ;

(iv) section 183 (infringement of performer's rights by use of recording made without consent);

(v) sections 185 to 188 (rights of persons having recording rights); and

(vi) section 198(1A) and (2) (criminal liability for making available to the public) M3 .

Marginal Citations

M1 Section 182CA was inserted by regulation 7(1) of the Copyright and Related Rights Regulations 2003 (S.I. 2003/2498).

M2 Section 182D was inserted by regulation 20(2) of the Copyright and Related Rights Regulations 1996 (S.I. 1996/2967) and was amended by regulation 7(2) of the Copyright and Related Rights Regulations 2003, by paragraphs 1 and 3(1) and (3) of the Schedule to the Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18) and by regulation 7 of the Copyright and Duration of Rights in Performances Regulation 2013 (S.I. 2013/1782).

M3 Section 198(1A) was inserted by regulations 3 and 26(3)(a) of the Copyright and Related Rights Regulations 2003.

[F7 Application of Part 2 of the Act to Malta U.K.

12A.— [F8 (1)] Malta is [F9 , subject to paragraphs (2) and (3),] designated as enjoying reciprocal protection under Part 2 of the Act.

[F10 (2) Part 2 of the Act applies to Malta subject to the modification set out in paragraph (3).

(3) In section 182D(1) (right to equitable remuneration for exploitation of sound recording), the reference to a qualifying performance shall be construed as a reference only to a performance which is a qualifying performance because it meets—

(a) Condition A or Condition B in section 181, or

(b) Condition C in that section by virtue of paragraph (a) of that Condition.]]

Textual Amendments

F7 Art. 12A inserted (26.6.2021) by The Copyright and Performances (Application to Other Countries) (Amendment) Order 2021 (S.I. 2021/636), arts. 1, 2(3)

F8 Art. 12A renumbered as art. 12A(1) (15.12.2024) by The Copyright and Performances (Application to Other Countries) (Amendment) (No. 2) Order 2024 (S.I. 2024/1124), arts. 1(2), 6(2)

F9 Words in art. 12A(1) inserted (15.12.2024) by The Copyright and Performances (Application to Other Countries) (Amendment) (No. 2) Order 2024 (S.I. 2024/1124), arts. 1(2), 6(3)

F10 Art. 12A(2)(3) inserted (15.12.2024) by The Copyright and Performances (Application to Other Countries) (Amendment) (No. 2) Order 2024 (S.I. 2024/1124), arts. 1(2), 6(4)

Saving U.K.

13.—(1) For the purposes of this article an act is an “excluded act” where—

(a) a person (A) has incurred any expenditure or liability in connection with the act; and

(b) A—

(i) began in good faith to do the act, or

(ii) made in good faith effective and serious preparations to do the act,

at a time when the act neither infringed nor was restricted by the relevant rights in the work or performance.

(2) Where another person (B) acquires those relevant rights as a consequence of the provisions of this Order on or after its coming into force, [F11 or as a consequence of the amendments made to this Order by the Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 on or after those amendments coming into force,] A has the right—

(a) to continue to do the excluded act, or

(b) to do the excluded act,

notwithstanding that the excluded act infringes or is restricted by those relevant rights.

(3) Where B or, as the case may be, B's exclusive licensee in respect of the relevant rights pays reasonable compensation to A, paragraph (2) no longer applies.

(4) Where—

(a) B or, as the case may be, B's exclusive licensee offers to pay compensation to A under paragraph (3), but

(b) A and B or, as the case may be, B's exclusive licensee cannot agree on what compensation is reasonable,

either person may refer the matter to arbitration.

(5) In this article—

(a) “exclusive licensee” means a licensee under an exclusive licence (as defined in section 92(1) or 191D(1) M4 ); and

(b) “relevant rights” means copyright, the rights conferred by Chapter 4 of Part 1 of the Act (moral rights) and the rights conferred by Part 2 of the Act.

Textual Amendments

F11 Words in art. 13(2) inserted (15.12.2024) by The Copyright and Performances (Application to Other Countries) (Amendment) (No. 2) Order 2024 (S.I. 2024/1124), arts. 1(2), 7(2)

Marginal Citations

M4 Section 191D was inserted by regulations 4 and 21(1) of the Copyright and Related Rights Regulations 1996 (S.I. 1996/2967).