United Kingdom · statute
Ask the law about thisMore laws of United KingdomFor machines: Markdown
In force since 2025-04-06, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
sha256 b404736a6d2bf204bfdfa4c77b3f27e64e167d65794b40245c1604654b30d228
No one has proposed a change to this act yet.
An infringement of — (a) a performer’s non-property rights, or (b) any right conferred by this Chapter on a person having recording rights, is actionable by the person entitled to the right as a breach of statutory duty.
Propose a change(1) Where a person has in his possession, custody or control in the course of a business an illicit recording of a performance, a person having performer’s rights or recording rights in relation to the performance under this Chapter may apply to the court for an order that the recording be delivered up to him or to such other person as the court may direct. (2) An application shall not be made after the end of the period specified in section 203; and no order shall be made unless the court also makes, or it appears to the court that there are grounds for making, an order under section 204 (order as to disposal of illicit recording). (3) A person to whom a recording is delivered up in pursuance of an order under this section shall, if an order under section 204 is not made, retain it pending the making of an order, or the decision not to make an order, under that section. (4) Nothing in this section affects any other power of the court.
Propose a change(1) An illicit recording of a performance which is found exposed or otherwise immediately available for sale or hire, and in respect of which a person would be entitled to apply for an order under section 195, may be seized and detained by him or a person authorised by him. The right to seize and detain is exercisable subject to the following conditions and is subject to any decision of the court under section 204 (order as to disposal of illicit recording). (2) Before anything is seized under this section notice of the time and place of the proposed seizure must be given to a local police station. (3) A person may for the purpose of exercising the right conferred by this section enter premises to which the public have access but may not seize anything in the possession, custody or control of a person at a permanent or regular place of business of his and may not use any force. (4) At the time when anything is seized under this section there shall be left at the place where it was seized a notice in the prescribed form containing the prescribed particulars as to the person by whom or on whose authority the seizure is made and the grounds on which it is made. (5) In this section— “premises” includes land, buildings, fixed or moveable structures, vehicles, vessels, aircraft and hovercraft; and “prescribed” means prescribed by order of the Secretary of State. (6) An order of the Secretary of State under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Propose a change(1) In this Chapter “illicit recording”, in relation to a performance, shall be construed in accordance with this section. (2) For the purposes of a performer’s rights, a recording of the whole or any substantial part of a performance of his is an illicit recording if it is made, otherwise than for private purposes, without his consent. (3) For the purposes of the rights of a person having recording rights, a recording of the whole or any substantial part of a performance subject to the exclusive recording contract is an illicit recording if it is made, otherwise than for private purposes, without his consent or that of the performer. (4) For the purposes of sections 198 and 199 (offences and orders for delivery up in criminal proceedings), a recording is an illicit recording if it is an illicit recording for the purposes mentioned in subsection (2) or subsection (3). (5) In this Chapter “illicit recording” includes a recording falling to be treated as an illicit recording by virtue of any of the following provisions of Schedule 2— paragraph 1D(3) (copies for text and data analysis for non-commercial research), paragraph 3A(5) or (6) or 3B(10) (accessible copies of recordings made for disabled persons) paragraph 1B(5) and (7) (personal copies of recordings for private use), ... paragraph 6(5) (recording by educational establishments of broadcasts), paragraph 6F(5)(b) (copying by librarians: single copies of published recordings), paragraph 6G(5)(b) (copying by librarians or archivists: single copies of unpublished recordings), paragraph 6ZA(7) (copying and use of extracts of recordings by educational establishments), paragraph 12(2) (recordings of performance in electronic form retained on transfer of principal recording), . . . paragraph 14(6)(b) (recordings of folksongs), paragraph 16(3) (recordings made for purposes of broadcast ...), paragraph 17A(2) (recording for the purposes of time-shifting), or paragraph 17B(2) (photographs of broadcasts), but otherwise does not include a recording made in accordance with any of the provisions of that Schedule. (6) It is immaterial for the purposes of this section where the recording was made.
Propose a change(1) In proceedings brought by virtue of this Part with respect to the rights in a performance, where copies of a recording of the performance as issued to the public bear a statement that a named person was the performer, the statement shall be admissible as evidence of the fact stated and shall be presumed to be correct until the contrary is proved. (2) Subsection (1) does not apply to proceedings for an offence under section 198 (criminal liability for making etc. illicit recordings); but without prejudice to its application in proceedings for an order under section 199 (order for delivery up in criminal proceedings).
Propose a change(1) A person commits an offence who without sufficient consent— (a) makes for sale or hire, or (b) imports into the United Kingdom otherwise than for his private and domestic use, or (c) possesses in the course of a business with a view to committing any act infringing the rights conferred by this Chapter, or (d) in the course of a business— (i) sells or lets for hire, or (ii) offers or exposes for sale or hire, or (iii) distributes, a recording which is, and which he knows or has reason to believe is, an illicit recording. (1A) A person (“P”) who infringes a performer's making available right in a recording commits an offence if P— (a) knows or has reason to believe that P is infringing the right, and (b) either— (i) intends to make a gain for P or another person, or (ii) knows or has reason to believe that infringing the right will cause loss to the owner of the right, or expose the owner of the right to a risk of loss. (1B) For the purposes of subsection (1A)— (a) “gain” and “loss”— (i) extend only to gain or loss in money, and (ii) include any such gain or loss whether temporary or permanent, and (b) “loss” includes a loss by not getting what one might get. (2) A person commits an offence who causes a recording of a performance made without sufficient consent to be— (a) shown or played in public, or (b) communicated to the public, thereby infringing any of the rights conferred by this Chapter, if he knows or has reason to believe that those rights are thereby infringed. (3) In subsections (1) and (2) “sufficient consent” means— (a) in the case of a qualifying performance, the consent of the performer, and (b) in the case of a non-qualifying performance subject to an exclusive recording contract— (i) for the purposes of subsection (1)(a) (making of recording), the consent of the performer or the person having recording rights, and (ii) for the purposes of subsection (1)(b), (c) and (d) and subsection (2) (dealing with or using recording), the consent of the person having recording rights. The references in this subsection to the person having recording rights are to the person having those rights at the time the consent is given or, if there is more than one such person, to all of them. (4) No offence is committed under subsection (1) or (2) by the commission of an act which by virtue of any provision of Schedule 2 may be done without infringing the rights conferred by this Chapter. (5) A person guilty of an offence under subsection (1)(a), (b) or (d)(iii) is liable— (a) on summary conviction to imprisonment for a term not exceeding six months or a fine, or both; (b) on conviction on indictment to a fine or imprisonment for a term not exceeding ten years, or both. (5A) A person guilty of an offence under subsection (1A) is liable— (a) on summary conviction to imprisonment for a term not exceeding three months or a fine, or both; (b) on conviction on indictment to a fine or imprisonment for a term not exceeding ten years, or both. (6) A person guilty of any other offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding six months, or both.
Propose a change(1) It is the duty of every local weights and measures authority to enforce within their area the provisions of section 198. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Subsection (1) above does not apply in relation to the enforcement of section 198 in Northern Ireland, but it is the duty of the Department of Economic Development to enforce that section in Northern Ireland. ... (3A) For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duties in this section, see Schedule 5 to the Consumer Rights Act 2015. (4) Any enactment which authorises the disclosure of information for the purpose of facilitating the enforcement of the Trade Descriptions Act 1968 shall apply as if section 198 were contained in that Act and as if the functions of any person in relation to the enforcement of that section were functions under that Act. (5) Nothing in this section shall be construed as authorising a local weights and measures authority to bring proceedings in Scotland for an offence.
Propose a change(1) The court before which proceedings are brought against a person for an offence under section 198 may, if satisfied that at the time of his arrest or charge he had in his possession, custody or control in the course of a business an illicit recording of a performance, order that it be delivered up to a person having performers’ rights or recording rights in relation to the performance or to such other person as the court may direct. (2) For this purpose a person shall be treated as charged with an offence— (a) in England, Wales and Northern Ireland, when he is orally charged or is served with a summons or indictment; (b) in Scotland, when he is cautioned, charged or served with a complaint or indictment. (3) An order may be made by the court of its own motion or on the application of the prosecutor (or, in Scotland, the Lord Advocate or procurator-fiscal), and may be made whether or not the person is convicted of the offence, but shall not be made— (a) after the end of the period specified in section 203 (period after which remedy of delivery up not available), or (b) if it appears to the court unlikely that any order will be made under section 204 (order as to disposal of illicit recording). (4) An appeal lies from an order made under this section by a magistrates’ court— (a) in England and Wales, to the Crown Court, and (b) in Northern Ireland, to the county court; and in Scotland, where an order has been made under this section, the person from whose possession, custody or control the illicit recording has been been removed may, without predudice to any other form of appeal under any rule of law, appeal against that order in the same manner as against sentence. (5) A person to whom an illicit recording is delivered up in pursuance of an order under this section shall retain it pending the making of an order, or the decision not to make an order, under section 204. (6) Nothing in in this section affects the powers of the court under section 153 of the Sentencing Code, Part II of the Proceeds of Crime (Scotland) Act 1995 or Article 11 of the Criminal Justice (Northern Ireland) Order 1994 (general provisions as to forfeiture in criminal proceedings).
Propose a change(1) Where a justice of the peace (in Scotland, a sheriff or justice of the peace) is satisfied by information on oath given by a constable (in Scotland, by evidence on oath) that there are reasonable grounds for believing— (a) that an offence under section 198(1) or (1A) (offences of making, importing , possessing, selling etc. or distributing illicit recordings) has been or is about to be committed in any premises, and (b) that evidence that such an offence has been or is about to be committed is in those premises, he may issue a warrant authorising a constable to enter and search the premises, using such reasonable force as is necessary. (2) The power conferred by subsection (1) does not, in England and Wales, extend to authorising a search for material of the kinds mentioned in section 9(2) of the Police and Criminal Evidence Act 1984 (certain classes of personal or confidential material). (3) A warrant under subsection (1)— (a) may authorise persons to accompany any constable executing the warrant, and (b) remains in force for three months from the date of its issue. (3A) In executing a warrant issued under subsection (1) a constable may seize an article if he reasonably believes that it is evidence that any offence under section 198(1) or (1A) has been or is about to be committed. (4) In this section “premises” includes land, buildings, fixed or moveable structures, vehicles, vessels, aircraft and hovercraft.
Propose a change(1) It is an offence for a person to represent falsely that he is authorised by any person to give consent for the purposes of this Chapter in relation to a performance, unless he believes on reasonable grounds that he is so authorised. (2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.
Propose a change(1) Where an offence under this Chapter committed by a body corporate is proved to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly. (2) In relation to a body corporate whose affairs are managed by its members “director” means a member of the body corporate.
Propose a change(1) An application for an order under section 195 (order for delivery up in civil proceedings) may not be made after the end of the period of six years from the date on which the illicit recording in question was made, subject to the following provisions. (2) If during the whole or any part of that period a person entitled to apply for an order— (a) is under a disability, or (b) is prevented by fraud or concealment from discovering the facts entitling him to apply, an application may be made by him at any time before the end of the period of six years from the date on which he ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those facts. (3) In subsection (2) “disability”— (a) in England and Wales, has the same meaning as in the Limitation Act 1980; (b) in Scotland, means legal disability within the meaning of the Prescription and Limitations (Scotland) Act 1973; (c) in Northern Ireland, has the same meaning as in the Statute of Limitation (Northern Ireland) 1958. (4) An order under section 199 (order for delivery up in criminal proceedings) shall not, in any case, be made after the end of the period of six years from the date on which the illicit recording in question was made.
Propose a change(1) An application may be made to the court for an order that an illicit recording of a performance delivered up in pursuance of an order under section 195 or 199, or seized and detained in pursuance of the right conferred by section 196, shall be— (a) forfeited to such person having performer’s rights or recording rights in relation to the performance as the court may direct, or (b) destroyed or otherwise dealt with as the court may think fit, or for a decision that no such order should be made. (2) In considering what order (if any) should be made, the court shall consider whether other remedies available in an action for infringement of the rights conferred by this Chapter would be adequate to compensate the person or persons entitled to the rights and to protect their interests. (3) Provision shall be made by rules of court as to the service of notice on persons having an interest in the recording, and any such person is entitled— (a) to appear in proceedings for an order under this section, whether or not he was served with notice, and (b) to appeal against any order made, whether or not he appeared; and an order shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal. (4) Where there is more than one person interested in a recording, the court shall make such order as it thinks just and may (in particular) direct that the recording be sold, or otherwise dealt with, and the proceeds divided. (5) If the court decides that no order should be made under this section, the person in whose possession, custody or control the recording was before being delivered up or seized is entitled to its return. (6) References in this section to a person having an interest in a recording include any person in whose favour an order could be made in respect of the recording (a) under this section or under section 114 or 231 of this Act; (b) under section 24D of the Registered Designs Act 1949; (c) under section 19 of Trade Marks Act 1994 ...; or (d) under regulation 1C of the Community Design Regulations 2005 (SI 2005/2339).
Propose a change(1) In England and Wales or Northern Ireland where illicit recordings of a performance have come into the possession of any person in connection with the investigation or prosecution of a relevant offence, that person may apply under this section for an order for the forfeiture of the illicit recordings. (2) For the purposes of this section “relevant offence” means— (a) an offence under section 198(1) or (1A)(criminal liability for making or dealing with illicit recordings), (b) an offence under the Trade Descriptions Act 1968 (c. 29), (ba) an offence under the Business Protection from Misleading Marketing Regulations 2008, (bb) an offence under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024, or (c) an offence involving dishonesty or deception. (3) An application under this section may be made— (a) where proceedings have been brought in any court for a relevant offence relating to some or all of the illicit recordings, to that court, or (b) where no application for the forfeiture of the illicit recordings has been made under paragraph (a), by way of complaint to a magistrates’ court. (4) On an application under this section, the court shall make an order for the forfeiture of any illicit recordings only if it is satisfied that a relevant offence has been committed in relation to the illicit recordings. (5) A court may infer for the purposes of this section that such an offence has been committed in relation to any illicit recordings if it is satisfied that such an offence has been committed in relation to illicit recordings which are representative of the illicit recordings in question (whether by reason of being part of the same consignment or batch or otherwise). (6) Any person aggrieved by an order made under this section by a magistrates’ court, or by a decision of such a court not to make such an order, may appeal against that order or decision— (a) in England and Wales, to the Crown Court, or (b) in Northern Ireland, to the county court. (7) An order under this section may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates’ Courts Act 1980 (c. 43) or Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1987/1675 (N.I. 26)) (statement of case)). (8) Subject to subsection (9), where any illicit recordings are forfeited under this section they shall be destroyed in accordance with such directions as the court may give. (9) On making an order under this section the court may direct that the illicit recordings to which the order relates shall (instead of being destroyed) be forfeited to the person having the performers’ rights or recording rights in question or dealt with in such other way as the court considers appropriate.
Propose a change(1) In Scotland the court may make an order under this section for the forfeiture of any illicit recordings. (2) An order under this section may be made— (a) on an application by the procurator-fiscal made in the manner specified in section 134 of the Criminal Procedure (Scotland) Act 1995 (c. 46), or (b) where a person is convicted of a relevant offence, in addition to any other penalty which the court may impose. (3) On an application under subsection (2)(a), the court shall make an order for the forfeiture of any illicit recordings only if it is satisfied that a relevant offence has been committed in relation to the illicit recordings. (4) The court may infer for the purposes of this section that such an offence has been committed in relation to any illicit recordings if it is satisfied that such an offence has been committed in relation to illicit recordings which are representative of the illicit recordings in question (whether by reason of being part of the same consignment or batch or otherwise). (5) The procurator-fiscal making the application under subsection (2)(a) shall serve on any person appearing to him to be the owner of, or otherwise to have an interest in, the illicit recordings to which the application relates a copy of the application, together with a notice giving him the opportunity to appear at the hearing of the application to show cause why the illicit recordings should not be forfeited. (6) Service under subsection (5) shall be carried out, and such service may be proved, in the manner specified for citation of an accused in summary proceedings under the Criminal Procedure (Scotland) Act 1995. (7) Any person upon whom notice is served under subsection (5) and any other person claiming to be the owner of, or otherwise to have an interest in, illicit recordings to which an application under this section relates shall be entitled to appear at the hearing of the application to show cause why the illicit recordings should not be forfeited. (8) The court shall not make an order following an application under subsection (2)(a)— (a) if any person on whom notice is served under subsection (5) does not appear, unless service of the notice on that person is proved, or (b) if no notice under subsection (5) has been served, unless the court is satisfied that in the circumstances it was reasonable not to serve such notice. (9) Where an order for the forfeiture of any illicit recordings is made following an application under subsection (2)(a), any person who appeared, or was entitled to appear, to show cause why the illicit recordings should not be forfeited may, within 21 days of the making of the order, appeal to the High Court by Bill of Suspension. (10) Section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995 shall apply to an appeal under subsection (9) as it applies to a stated case under Part 2 of that Act. (11) An order following an application under subsection (2)(a) shall not take effect— (a) until the end of the period of 21 days beginning with the day after the day on which the order is made, or (b) if an appeal is made under subsection (9) above within that period, until the appeal is determined or abandoned. (12) An order under subsection (2)(b) shall not take effect— (a) until the end of the period within which an appeal against the order could be brought under the Criminal Procedure (Scotland) Act 1995 (c. 46), or (b) if an appeal is made within that period, until the appeal is determined or abandoned. (13) Subject to subsection (14), illicit recordings forfeited under this section shall be destroyed in accordance with such directions as the court may give. (14) On making an order under this section the court may direct that the illicit recordings to which the order relates shall (instead of being destroyed) be forfeited to the person having the performers’ rights or recording rights in question or dealt with in such other way as the court considers appropriate. (15) For the purposes of this section— “relevant offence” means— an offence under section 198(1) or (1A) (criminal liability for making or dealing with illicit recordings), an offence under the Trade Descriptions Act 1968, an offence under the Business Protection from Misleading Marketing Regulations 2008, an offence under Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024, or any offence involving dishonesty or deception; “the court” means— in relation to an order made on an application under subsection (2)(a), the sheriff, and in relation to an order made under subsection (2)(b), the court which imposed the penalty.
Propose a change(1) In England and Wales the county court and in Northern Ireland a county court may entertain proceedings under— section 195 (order for delivery up of illicit recording), or section 204 (order as to disposal of illicit recording), save that, in Northern Ireland, a county court may entertain such proceedings only where the value of the illicit recordings in question does not exceed the county court limit for actions in tort. (2) In Scotland proceedings for an order under either of those provisions may be brought in the sheriff court. (3) Nothing in this section shall be construed as affecting the jurisdiction of the High Court or, in Scotland, the Court of Session.
Propose a changeThe provisions of Schedule 2A have effect with respect to the licensing of performers’ ... rights.
Propose a change(1) The Copyright Tribunal has jurisdiction under this Chapter to hear and determine proceedings under— (a) section 182D (amount of equitable remuneration for exploitation of commercial sound recording); (b) section 190 (application to give consent on behalf of owner of reproduction right); (c) section 191H (amount of equitable remuneration on transfer of rental right); (cc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) paragraph 3, 4 or 5 of Schedule 2A (reference of licensing scheme); (e) paragraph 6 or 7 of that Schedule (application with respect to licence under licensing scheme); (f) paragraph 10, 11 or 12 of that Schedule (reference or application with respect to licensing by licensing body); (g) paragraph 15 of that Schedule (application to settle royalty for certain lending); (h) paragraph 17 of that Schedule (application to settle terms of licence available as of right). (2) The provisions of Chapter VIII of Part I (general provisions relating to the Copyright Tribunal) apply in relation to the Tribunal when exercising any jurisdiction under this Chapter. (3) Provision shall be made by rules under section 150 prohibiting the Tribunal from entertaining a reference under paragraph 3, 4 or 5 of Schedule 2A (reference of licensing scheme) by a representative organisation unless the Tribunal is satisfied that the organisation is reasonably representative of the class of persons which it claims to represent.
Propose a change(1) Whenever a person— (a) produces or puts on a qualifying performance that is given in public, (b) broadcasts live a qualifying performance, (c) communicates to the public a sound recording of a qualifying performance, or (d) issues to the public copies of such a recording, the performer has the right to be identified as such. (2) The right of the performer under this section is— (a) in the case of a performance that is given in public, to be identified in any programme accompanying the performance or in some other manner likely to bring his identity to the notice of a person seeing or hearing the performance, (b) in the case of a performance that is broadcast, to be identified in a manner likely to bring his identity to the notice of a person seeing or hearing the broadcast, (c) in the case of a sound recording that is communicated to the public, to be identified in a manner likely to bring his identity to the notice of a person hearing the communication, (d) in the case of a sound recording that is issued to the public, to be identified in or on each copy or, if that is not appropriate, in some other manner likely to bring his identity to the notice of a person acquiring a copy, or (in any of the above cases) to be identified in such other manner as may be agreed between the performer and the person mentioned in subsection (1). (3) The right conferred by this section in relation to a performance given by a group (or so much of a performance as is given by a group) is not infringed— (a) in a case falling within paragraph (a), (b) or (c) of subsection (2), or (b) in a case falling within paragraph (d) of that subsection in which it is not reasonably practicable for each member of the group to be identified, if the group itself is identified as specified in subsection (2). (4) In this section “group” means two or more performers who have a particular name by which they may be identified collectively. (5) If the assertion under section 205D specifies a pseudonym, initials or some other particular form of identification, that form shall be used; otherwise any reasonable form of identification may be used. (6) This section has effect subject to section 205E (exceptions to right).
Propose a change(1) A person does not infringe the right conferred by section 205C (right to be identified as performer) by doing any of the acts mentioned in that section unless the right has been asserted in accordance with the following provisions so as to bind him in relation to that act. (2) The right may be asserted generally, or in relation to any specified act or description of acts— (a) by instrument in writing signed by or on behalf of the performer, or (b) on an assignment of a performer's property rights, by including in the instrument effecting the assignment a statement that the performer asserts in relation to the performance his right to be identified. (3) The persons bound by an assertion of the right under subsection (2) are— (a) in the case of an assertion under subsection (2)(a), anyone to whose notice the assertion is brought; (b) in the case of an assertion under subsection (2)(b), the assignee and anyone claiming through him, whether or not he has notice of the assertion. (4) In an action for infringement of the right the court shall, in considering remedies, take into account any delay in asserting the right.
Propose a change(1) The right conferred by section 205C (right to be identified as performer) is subject to the following exceptions. (2) The right does not apply where it is not reasonably practicable to identify the performer (or, where identification of a group is permitted by virtue of section 205C(3), the group). (3) The right does not apply in relation to any performance given for the purposes of reporting current events. (4) The right does not apply in relation to any performance given for the purposes of advertising any goods or services. (5) The right is not infringed by an act which by virtue of any of the following provisions of Schedule 2 would not infringe any of the rights conferred by Chapter 2— (a) paragraph 2(1A) (news reporting); (b) paragraph 3 (incidental inclusion of a performance or recording); (c) paragraph 4(2) (things done for the purposes of examination); (d) paragraph 8 (parliamentary and judicial proceedings); (e) paragraph 9 (Royal Commissions and statutory inquiries).
Propose a change(1) The performer of a qualifying performance has a right which is infringed if— (a) the performance is broadcast live, or (b) by means of a sound recording the performance is played in public or communicated to the public, with any distortion, mutilation or other modification that is prejudicial to the reputation of the performer. (2) This section has effect subject to section 205G (exceptions to right).
Propose a change(1) The right conferred by section 205F (right to object to derogatory treatment of performance) is subject to the following exceptions. (2) The right does not apply in relation to any performance given for the purposes of reporting current events. (3) The right is not infringed by modifications made to a performance which are consistent with normal editorial or production practice. (4) Subject to subsection (5), the right is not infringed by anything done for the purpose of— (a) avoiding the commission of an offence, (b) complying with a duty imposed by or under an enactment, or (c) in the case of the British Broadcasting Corporation, avoiding the inclusion in a programme broadcast by them of anything which offends against good taste or decency or which is likely to encourage or incite crime or lead to disorder or to be offensive to public feeling. (5) Where— (a) the performer is identified in a manner likely to bring his identity to the notice of a person seeing or hearing the performance as modified by the act in question; or (b) he has previously been identified in or on copies of a sound recording issued to the public, subsection (4) applies only if there is sufficient disclaimer. (6) In subsection (5) “sufficient disclaimer”, in relation to an act capable of infringing the right, means a clear and reasonably prominent indication— (a) given in a manner likely to bring it to the notice of a person seeing or hearing the performance as modified by the act in question, and (b) if the performer is identified at the time of the act, appearing along with the identification, that the modifications were made without the performer's consent.
Propose a change(1) The right conferred by section 205F (right to object to derogatory treatment of performance) is also infringed by a person who— (a) possesses in the course of business, or (b) sells or lets for hire, or offers or exposes for sale or hire, or (c) distributes, an article which is, and which he knows or has reason to believe is, an infringing article. (2) An “infringing article” means a sound recording of a qualifying performance with any distortion, mutilation or other modification that is prejudicial to the reputation of the performer.
Propose a change(1) A performer's rights under this Chapter in relation to a performance subsist so long as that performer's rights under Chapter 2 subsist in relation to the performance. (2) In subsection (1) “performer's rights” includes rights of a performer that are vested in a successor of his.
Propose a change(1) It is not an infringement of the rights conferred by this Chapter to do any act to which consent has been given by or on behalf of the person entitled to the right. (2) Any of those rights may be waived by instrument in writing signed by or on behalf of the person giving up the right. (3) A waiver— (a) may relate to a specific performance, to performances of a specified description or to performances generally, and may relate to existing or future performances, and (b) may be conditional or unconditional and may be expressed to be subject to revocation, and if made in favour of the owner or prospective owner of a performer's property rights in the performance or performances to which it relates, it shall be presumed to extend to his licensees and successors in title unless a contrary intention is expressed. (4) Nothing in this Chapter shall be construed as excluding the operation of the general law of contract or estoppel in relation to an informal waiver or other transaction in relation to either of the rights conferred by this Chapter.
Propose a change(1) The right conferred by section 205C (right to be identified as performer) applies in relation to the whole or any substantial part of a performance. (2) The right conferred by section 205F (right to object to derogatory treatment of performance) applies in relation to the whole or any part of a performance.
Propose a changeThe rights conferred by this Chapter are not assignable.
Propose a change(1) On the death of a person entitled to a right conferred by this Chapter— (a) the right passes to such person as he may by testamentary disposition specifically direct, (b) if there is no such direction but the performer's property rights in respect of the performance in question form part of his estate, the right passes to the person to whom the property rights pass, (c) if or to the extent that the right does not pass under paragraph (a) or (b) it is exercisable by his personal representatives. (2) Where a performer's property rights pass in part to one person and in part to another, as for example where a bequest is limited so as to apply— (a) to one or more, but not all, of the things to which the owner has the right to consent, or (b) to part, but not the whole, of the period for which the rights subsist, any right which by virtue of subsection (1) passes with the performer's property rights is correspondingly divided. (3) Where by virtue of subsection (1)(a) or (1)(b) a right becomes exercisable by more than one person— (a) it is, in the case of the right conferred by section 205F (right to object to derogatory treatment of performance), a right exercisable by each of them and is satisfied in relation to any of them if he consents to the treatment or act in question, and (b) any waiver of the right in accordance with section 205J by one of them does not affect the rights of the others. (4) A consent or waiver previously given or made binds any person to whom a right passes by virtue of subsection (1). (5) Any damages recovered by personal representatives by virtue of this section in respect of an infringement after a person's death shall devolve as part of his estate as if the right of action had subsisted and been vested in him immediately before his death.
Propose a change(1) An infringement of a right conferred by this Chapter is actionable as a breach of statutory duty owed to the person entitled to the right. (2) Where— (a) there is an infringement of a right conferred by this Chapter, (b) a person falsely claiming to act on behalf of a performer consented to the relevant conduct or purported to waive the right, and (c) there would have been no infringement if he had been so acting, that person shall be liable, jointly and severally with any person liable in respect of the infringement by virtue of subsection (1), as if he himself had infringed the right. (3) Where proceedings for infringement of the right conferred on a performer by this Chapter, it shall be a defence to prove— (a) that a person claiming to act on behalf of the performer consented to the defendant's conduct or purported to waive the right, and (b) that the defendant reasonably believed that the person was acting on behalf of the performer. (4) In proceedings for infringement of the right conferred by section 205F the court may, if it thinks it an adequate remedy in the circumstances, grant an injunction on terms prohibiting the doing of any act unless a disclaimer is made, in such terms and in such manner as may be approved by the court, dissociating the performer from the broadcast or sound recording of the performance.
Propose a change(1) In this Part— “qualifying country” means— (a) the United Kingdom, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ba) the Channel Islands, the Isle of Man or Gibraltar, or (bb) a country which is a party to the Rome Convention, or (c) to the extent that an Order under section 208 so provides, a country designated under that section as enjoying reciprocal protection; “qualifying individual” means a citizen or subject of, or an individual resident in, a qualifying country; and “qualifying person” means a qualifying individual or a body corporate or other body having legal personality which— (a) is formed under the law of a part of the United Kingdom or another qualifying country, and (b) has in any qualifying country a place of business at which substantial business activity is carried on. (2) The reference in the definition of “qualifying individual” to a person’s being a citizen or subject of a qualifying country shall be construed— (a) in relation to the United Kingdom, as a reference to his being a British citizen, and (b) in relation to a colony of the United Kingdom, as a reference to his being a British Dependent Territories’ citizen by connection with that colony. (3) In determining for the purpose of the definition of “qualifying person” whether substantial business activity is carried on at a place of business in any country, no account shall be taken of dealings in goods which are at all material times outside that country. (4) Her Majesty may by Order in Council— (za) make provision for the application of this Part to a country by virtue of paragraph (a) or (ba) of the definition of “qualifying country” in subsection (1) to be subject to specified restrictions, but those restrictions may only relate to rights which would otherwise apply as a result of— (i) a performance being a qualifying performance because it meets Condition C or Condition D in section 181, and (ii) that condition being met by way of a connection to such a country; (a) make provision for the application of this Part to a country by virtue of paragraph (bb) or (c) of the definition of “qualifying country” in subsection (1) to be subject to specified restrictions; (b) amend the definition of “qualifying country” in subsection (1) so as to add a country which is not a party to the Rome Convention; (c) make provision for the application of this Part to a country added under paragraph (b) to be subject to specified restrictions. (5) A statutory instrument containing an Order in Council under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (6) In this section, “the Rome Convention” means the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations done at Rome on 26 October 1961.
Propose a changeThis Part extends to England and Wales, Scotland and Northern Ireland.
Propose a change(1) Her Majesty may by Order in Council designate as enjoying reciprocal protection under this Part— (a) a Convention country, or (b) a country as to which Her Majesty is satisfied that provision has been or will be made under its law giving adequate protection for British performances. (2) A “Convention country” means a country which is a party to a Convention relating to performers’ rights to which the United Kingdom is also a party. (3) A “British performance” means a performance— (a) given by an individual who is a British citizen or resident in the United Kingdom, or (b) taking place in the United Kingdom. (4) If the law of that country provides adequate protection only for certain descriptions of performance, an Order under subsection (1)(b) designating that country shall contain provision limiting to a corresponding extent the protection afforded by this Part in relation to performances connected with that country. (5) The power conferred by subsection (1)(b) is exercisable in relation to ... any colony of the United Kingdom, as in relation to a foreign country. (6) A statutory instrument containing an Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Propose a change(1) For the purposes of this Part the territorial waters of the United Kingdom shall be treated as part of the United Kingdom. (2) This Part applies to things done in the United Kingdom sector of the continental shelf on a structure or vessel which is present there for purposes directly connected with the exploration of the sea bed or subsoil or the exploitation of their natural resources as it applies to things done in the United Kingdom. (3) The United Kingdom sector of the continental shelf means the areas designated by order under section 1(7) of the Continental Shelf Act 1964.
Propose a change(1) This Part applies to things done on a British ship, aircraft or hovercraft as it applies to things done in the United Kingdom. (2) In this section— “British ship” means a ship which is a British ship for the purposes of the Merchant Shipping Act 1995 otherwise than by virtue of registration in a country outside the United Kingdom; and “British aircraft” and “British hovercraft” mean an aircraft or hovercraft registered in the United Kingdom.
Propose a changeRequirement of signature: application in relation to body corporate (1) The requirement in the following provisions that an instrument be signed by or on behalf of a person is also satisfied in the case of a body corporate by the affixing of its seal— section 191B(3) (assignment of performer's property rights); section 191C(1) (assignment of future performer's property rights); section 191D(1) (grant of exclusive licence). (2) The requirement in the following provisions that an instrument be signed by a person is also satisfied in the case of a body corporate by signature on behalf of the body or by the affixing of its seal— section 205D(2)(a) (assertion of performer's moral rights); section 205J(2) (waiver of performer's moral rights).
Propose a change(1) The following expressions have the same meaning in this Part as in Part I (copyright)— assignment (in Scotland), broadcast, business, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . communication to the public, country, defendant (in Scotland), delivery up (in Scotland), the EEA, EEA state, film, injunction (in Scotland) literary work, published, . . . signed, sound recording, and wireless broadcast. (2) The provisions of— (a) section 5B(2) and (3) (supplementary provisions relating to films), and (b) section 6(3) to (5A) and section 19(4) (supplementary provisions relating to broadcasting), apply for the purposes of this Part, and in relation to an infringement of the rights conferred by this Part, as they apply for the purposes of Part I and in relation to an infringement of copyright.
Propose a changeThe following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used only in the same section)— accessible copy (in paragraphs 3A to 3E of Schedule 2) | paragraph 3E(4) of Schedule 2 assignment (in Scotland) | section 211(1) (and section 177); broadcast (and related expressions) | section 211 (and section 6) business | section 211(1) (and section 178) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . communication to the public | section 211(1) (and section 20) consent of performer (in relation to performer’s property rights) | section 191A(2) country | section 211(1) (and section 178) defendant (in Scotland) | section 211(1) (and section 177) delivery up (in Scotland) | section 211(1) (and section 177) disabled person (in paragraphs 3A to 3E of Schedule 2) | paragraph 3E(2) and (3) of Schedule 2 distribution right | section 182B(5) the EEA and EEA state | section 211(1) (and section 172A) exclusive recording contract | section 185(1) film | section 211(1) (and section 5B) group | section 205C(4); illicit recording | section 197 injunction (in Scotland) | section 211(1) (and section 177) issue to the public | section 182B; literary work | section 211(1) (and section 3(1)) lending right | section 182C(7) making available right | section 182CA performance | section 180(2) performer’s non-property rights | section 192A(1) performer’s property rights | section 191A(1) published | section 211(1) (and section 175) qualifying country | section 206(1) qualifying individual | section 206(1) and (2) qualifying performance | section 181 qualifying person | section 206(1) and (3) recording (of a performance) | section 180(2) recording rights (person having) | section 185(2) and (3) rental right) | section 182C(7) reproduction right | section 182A(3) rights owner (in relation to performer’s property rights) | section 191A(3) and (4). signed | section 211(1) (and section 176); sound recording | section 211(1) (and section 5A). wireless broadcast | section 211(1) (and section 178).
Propose a change(1) The Secretary of State may by order amend this Part in consequence of changes to international law in the area of performance rights. (2) An order under this section must be made by statutory instrument; and no order may be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
Propose a change(1) Design right is a property right which subsists in accordance with this Part in an original design. (2) In this Part “design” means the design of ... the shape or configuration (whether internal or external) of the whole or part of an article. (3) Design right does not subsist in— (a) a method or principle of construction, (b) features of shape or configuration of an article which— (i) enable the article to be connected to, or placed in, around or against, another article so that either article may perform its function, or (ii) are dependent upon the appearance of another article of which the article is intended by the designer to form an integral part, or (c) surface decoration. (4) A design is not “original” for the purposes of this Part if it is commonplace in a qualifying country in the design field in question at the time of its creation; and “qualifying country” has the meaning given in section 217(3) . (5) Design right subsists in a design only if the design qualifies for design right protection by reference to— (a) the designer or the person by whom the designer was employed (see sections 218 and 219), or (b) the person by whom and country in which articles made to the design were first marketed (see section 220), or in accordance with any Order under section 221 (power to make further provision with respect to qualification). (5A) Design right does not subsist in a design which consists of or contains a controlled representation within the meaning of the Olympic Symbol etc. (Protection) Act 1995. (6) Design right does not subsist unless and until the design has been recorded in a design document or an article has been made to the design. (7) Design right does not subsist in a design which was so recorded, or to which an article was made, before the commencement of this Part.
Propose a change