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The Performances (Moral Rights, etc.) Regulations 2006

Consolidated Text As Enacted Cited authorities 16 Cited in Amendments 32 Related
Vincent
JurisdictionUK Non-devolved
  • These Regulations may be cited as the Performances (Moral Rights, etc.) Regulations 2006 and shall come into force on 1
  • The Schedule (minor and consequential amendments) shall have effect.
  • The Copyright, Designs and Patents Act 1988
    • (1) The cross-heading before section 180 shall be omitted.(2) Sections 180 and 181 shall become Chapter 1 of Part 2, entitled “INTRODUCTORY”, and accordingly that heading shall be inserted in the appropriate place.(3) The cross-heading before section 181 shall be omitted.(4) Sections 182 to 205B shall become Chapter 2 of Part 2, entitled “ECONOMIC RIGHTS”, and accordingly that heading shall be inserted in the appropriate place.(5) At the beginning of that Chapter there shall be inserted the cross-heading “ Performers' rights ”.(6) Sections 205C to 205N (inserted by regulation 6) shall become Chapter 3 of Part 2, entitled “MORAL RIGHTS”, and accordingly that heading shall be inserted in the appropriate place.(7) Sections 206 to 212 shall become Chapter 4 of Part 2, entitled “QUALIFICATION FOR PROTECTION, EXTENT AND INTERPRETATION”, and accordingly that heading shall be inserted in the appropriate place.(1) In subsection (1) of section 180 (rights conferred on performers and persons having recording rights) , for the words “This Part” there shall be substituted “ Chapter 2 of this Part (economic rights) ”.(2) After that subsection, there shall be inserted—
    • “(1A) Rights are also conferred on a performer by the following provisions of Chapter 3 of this Part (moral rights) —
    • (a) section 205C (right to be identified) ;
    • (b) section 205F (right to object to derogatory treatment of performance) .
    section 205C (right to be identified) ;section 205F (right to object to derogatory treatment of performance) .
  • After section 205B there shall be inserted—
      Right to be identified as performer
      (205C) Right to be identified as performer
    • “(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.
    • produces or puts on a qualifying performance that is given in public,broadcasts live a qualifying performance,communicates to the public a sound recording of a qualifying performance, orissues to the public copies of such a recording,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,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,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,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,in a case falling within paragraph (a) , (b) or (c) of subsection (2) , orin 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,In this section “group” means two or more performers who have a particular name by which they may be identified collectively.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.This section has effect subject to section 205E (exceptions to right) .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.by instrument in writing signed by or on behalf of the performer, oron 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.in the case of an assertion under subsection (2) (a) , anyone to whose notice the assertion is brought;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.In an action for infringement of the right the court shall, in considering remedies, take into account any delay in asserting the right.The right conferred by section 205C (right to be identified as performer) is subject to the following exceptions.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) .The right does not apply in relation to any performance given for the purposes of reporting current events.The right does not apply in relation to any performance given for the purposes of advertising any goods or services.paragraph 2(1A) (news reporting) ;paragraph 3 (incidental inclusion of a performance or recording) ;paragraph 4(2) (things done for the purposes of examination) ;paragraph 8 (parliamentary and judicial proceedings) ;paragraph 9 (Royal Commissions and statutory inquiries) .the performance is broadcast live, orby means of a sound recording the performance is played in public or communicated to the public,This section has effect subject to section 205G (exceptions to right) .The right conferred by section 205F (right to object to derogatory treatment of performance) is subject to the following exceptions.The right does not apply in relation to any performance given for the purposes of reporting current events.The right is not infringed by modifications made to a performance which are consistent with normal editorial or production practice.avoiding the commission of an offence,complying with a duty imposed by or under an enactment, orin 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.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; orhe has previously been identified in or on copies of a sound recording issued to the public,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, andif the performer is identified at the time of the act, appearing along with the identification,possesses in the course of business, orsells or lets for hire, or offers or exposes for sale or hire, ordistributes,

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