Section 180
Section 180
(1)
This Part confers rights –
(a)
on a performer, by requiring his consent to the exploitation of his performances; and
(d)
on a person having recording rights in relation to a performance, in relation to recordings made without his consent or that of the performer, and creates offences in relation to dealing with or using illicit recordings and certain other related acts.
(2)
In this Part –
“performance” means –
(a)
a dramatic performance (which includes dance and mime);
(b)
a musical performance;
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
131
BLUV as at 24th December 2013
(c)
a reading or recitation of a literary work; or
(d)
a performance of a variety act or any similar presentation, which is, or so far as it is, a live performance given by one or more individuals;
“recording”, in relation to a performance, means a film or sound recording –
(a)
made directly from the live performance;
(b)
made from a broadcast of, or cable programme including, the performance; or
(c)
made, directly or indirectly, from another recording of the performance.
(3)
The rights conferred by this Part apply in relation to performances taking place before commencement; but no act done before commencement, or in pursuance of arrangements made before commencement, shall be regarded as infringing those rights.
(4)
Subsections (3), (4) and (5) of section 8, subsection (4) of section 9, and subsection (4) of section 21, apply for the purposes of this Part, in relation to an infringement of the rights conferred by this Part, as they apply for the purposes of Part I in relation to an infringement of copyright.
(5)
The rights conferred by this Part are independent of –
(a)
any copyright in, or moral rights relating to, any work performed or any film or sound recording of, or broadcast or cable programme including, the performance; and
(b)
any other right or obligation arising otherwise than under this Part.
Performers’ rights
Qualifying performances.