Restriction on the application of Part 2 of the Copyright, Designs and Patents Act 1988 to Malta6.
(1)
Article 12A (application of Part 2 of the Act to Malta) is amended as follows.
(2)
The existing text becomes paragraph (1).
(3)
In that paragraph, after “is” insert “, subject to paragraphs (2) and (3),”
.
(4)
After that paragraph insert—
“(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.”.