STATUTORY INSTRUMENTS 
2006 No. 18   
COPYRIGHT 
RIGHTS IN PERFORMANCES 
The Performances (Moral Rights, etc.) Regulations 2006 
Made - - - - 9th January 2006 
Laid before Parliament 11th January 2006 
Coming into force - - 1st February 2006  
The Secretary of State, being a Minister designat ed for the purposes of section 2(2) of the 
European Communities Act 1972( a), in relation to measures relating to copyright and to rights in 
performances( b), in exercise of the powers conferred on him by that section, hereby makes the 
following Regulations: 
Citation and commencement 
1. These Regulations may be cited as the P erformances (Moral Rights, et c.) Regulations 2006 
and shall come into force on 1st February 2006. 
Minor and consequential amendments 
2. The Schedule (minor and consequential amendments) shall have effect. 
Introductory 
3. The Copyright, Designs and Patents Act 1988( c)shall be amended as follows. 
Division into Chapters of Part 2 of the Copyright, Designs and Patents Act 1988 
4.—(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 ”. 
                                                                                                                                                               
 
(a) 1972 c. 68. 
(b) SI 1993/595. 
(c) 1988 c. 48.  2 (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. 
Performers’ moral rights 
5.—(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).”.  
6. 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. 
(2) The right of the performer under this section is— 
(a) in the case of a performance that is give n 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 comm unicated to the public, to be identified 
in a manner likely to bring his identit y 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 rel ation 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.  3 (5) If the assertion under section 205D specifies a pseudonym, initials or some other 
particular form of identification, that for m shall be used; otherwise any reasonable form of 
identification may be used. 
(6) This section has effect subject to section 205E (exceptions to right). 
205D Requirement that right be asserted 
(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 rel ation 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 right s, 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 th e court shall, in considering remedies, take 
into account any delay in asserting the right. 
205E Exceptions to right 
(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 relati on to any performance given for the purposes of 
reporting current events. 
(4) The right does not apply in relati on to any performance given for the purposes of 
advertising any goods or services. 
(5) The right is not infringed by an act whic h 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 inclus ion 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). 
 
Right to object to derogatory treatment 
205F Right to object to derogatory treatment of performance 
(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,  4 with any distortion, mutilation or other modifica tion that is prejudicial  to the reputation of 
the performer. 
(2) This section has effect subject to section 205G (exceptions to right). 
205G Exceptions to right 
(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 relati on to any performance given for the purposes of 
reporting current events. 
(3) The right is not infringed by modi fications made to a performance which are 
consistent with normal ed itorial 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 anythi ng 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 modifi ed 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 discl aimer”, 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. 
205H Infringement of right by possessing  or dealing with infringing article 
(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 reco rding of a qualifying performance with any 
distortion, mutilation or other m odification that is prejudici al to the reputation of the 
performer. 
 
Supplementary 
205I Duration of rights 
(1) A performer’s rights under this Chapter in relation to a performance subsist so long as 
that performer’s rights under Chapter 2 subsi st in relation to the performance.  5 (2) In subsection (1) “performer’s rights” includes rights of a performer that are vested in 
a successor of his. 
205J Consent and waiver of rights 
(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 inst rument 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 const rued 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. 
205K Application of provisions to parts of performances 
(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. 
205L Moral rights not assignable 
The rights conferred by this  Chapter are not assignable. 
205M Transmission of moral rights on death 
(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 th e 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 th e 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  6 (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. 
205N Remedies for infringement of moral rights 
(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 severa lly 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.”. 
Requirement for signatures and its app lication in relation to body corporate 
7. Before section 211 there shall be inserted— 
“210A  Requirement of signature: application in relation to body corporate  
(1) The requirement in the following provisions th at 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).”. 
Transitional provision 
8. The rights conferred by Chapter 3 of Part 2 of th e Copyright, Designs and Patents Act 1988 
(as inserted by these Regulations) do not apply in  relation to any performance that took place 
before these Regulations come into force.   7  
 
 Sainsbury of Turville 
 Parliamentary Under Secretary of State for Science and Innovation 
9th January 2006 Department of Trade and Industry  8 SCHEDULE 
MINOR AND CONSEQUENTIAL AMENDMENTS 
1. The Copyright, Designs and Patents Act 1988 shall be amended as follows. 
2. In subsection (3) of section 5B (films)( a) for paragraph (b) and the word “and” immediately 
preceding it there shall be substituted— 
“(b) references in this Part to playing a sound recording, or to communicating a sound 
recording to the public, do not include pl aying or communicating the film sound 
track to accompany the film,  
(c) references in this Part to copying a work, so far as they apply to a sound recording, 
do not include copying the film sound track to accompany the film, and 
(d) references in this Part to the issuing, rent al or lending of copies of a work, so far as 
they apply to a sound recording, do not incl ude the issuing, rental or lending of 
copies of the sound track to accompany the film.”. 
3.—(1) Section 182D (right to equitable rem uneration for exploitation of sound recording( b) 
shall be amended as follows. 
(2) After subsection (1) there shall be inserted— 
“(1A) In subsection (1), the reference to publication of a sound recording includes 
making it available to the public by electronic transmission in such a way that members of 
the public may access it from a place and at a time individually chosen by them.”. 
(3) After subsection (7) there shall be inserted— 
“(8) In this section “collecting society” means a society or other organisation which has 
as its main object, or one of its main obj ects, the exercise of the right to equitable 
remuneration on behalf of more than one performer.”. 
4. In subsection (1) of section 191A (performers’ property rights)( c) the word “a” appearing 
before the words “performer’s property rights” shall be omitted. 
5. In subsection (1) of section 192A (performers’ non-property rights) the word “a” appearing 
before the words “performer’s non-property rights” shall be omitted. 
6.—(1) Section 211 (expressions having the same m eaning as in copyright provisions) shall be 
amended as follows. 
(2) In subsection (1), at the appropriate places, there shall be inserted— 
“assignment (in Scotland),”; 
“signed,”. 
(3) In subsection (2) for the words from the beginning to the word “apply” there shall be 
substituted— 
“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) (s upplementary provisions relating to 
broadcasting), 
                                                                                                                                                               
 
(a) Section 5B of the Copyright, Designs and Patents Act 1988 was inserted by regulation 9(1) of the Duration of Copyright and 
Rights in Performances Regulations 1995 (SI 1995/3297). 
(b) Section 182D of the Copyright, Designs and Patents Act 1988 was inserted by regulation 20(2) of the Copyright and Related 
Rights Regulations 1996 (SI 1996/2967). 
(c) Section 191A and 192A of the Copyright, Designs and Patents Act 1988 were inserted by regulation 21(1) of the Copyright 
and Related Rights Regulations 1996.  9 apply”. 
7. In section 212 (index of defined expressions), at the appropriate places, there shall be 
inserted— 
“assignment (in Scotland) secti on 211(1) (and section 177);” 
“group section 205C(4);” 
“issue to the public section 182B;” “signed section 211(1) (and section 176);” “wireless broadcast section 211(1) (and section 178).” 
8.—(1) In the provisions listed in sub-paragraph (2) for the words “this Part” there shall be 
substituted “this Chapter”. 
(2) Those provisions are— 
section 182A(3); section 182B(5); section 182C(2), (6) and (7); section 182CA(2); section 185(1) to (3); section 189 (and the heading to that section); section 190(2)(a); section 191(1), (2), (4) and (5); section 191A(1) to (4); section 191B(4); section 191C(3); section 191D(1); section 191I(3); section 191L(2); section 192A(1) and (3); section 192B(1) and (2); section 193(1); section 194(b); section 195(1); 
section 197(1) and (5); 
section 198(1)(c), (2) and (4); section 201(1); section 202(1); section 204(2); section 205B(1) and (2); 
paragraph 12(2) of Schedule 2; 
paragraph 1(4) of Schedule 2A. 
9.—(1) In the provisions listed in sub-paragraph (2) for the words “Part 2” (or “Part II”), 
wherever they appear, there shall be substituted “this Chapter”. 
(2) Those provisions are— 
paragraph 1(1) and (2) of Schedule 2; paragraph 1A of Schedule 2; paragraph 2(1) and (1A) of Schedule 2;  10paragraph 3(1) of Schedule 2; 
paragraph 4(1), (2) and (3) of Schedule 2; paragraph 5(1) of Schedule 2; paragraph 6(1), (1A) and (2) of Schedule 2; 
paragraph 6A(1) of Schedule 2; 
paragraph 6B(1) of Schedule 2; paragraph 7(1) of Schedule 2; paragraph 8(1) of Schedule 2; paragraph 9(1) of Schedule 2; paragraph 10(1) of Schedule 2; paragraph 11(1) of Schedule 2; paragraph 12(5) of Schedule 2; paragraph 13(1) of Schedule 2; paragraph 14(1) and (3) of Schedule 2; paragraph 15(1) of Schedule 2; paragraph 16(1) of Schedule 2; paragraph 17(1), (2) and (3) of Schedule 2; paragraph 17A(1) and (2)(b) of Schedule 2; paragraph 17B(1) and (2)(b) of Schedule 2; paragraph 18(1), (1A) and (4) of Schedule 2; paragraph 19(2), (3) and (4) of Schedule 2; paragraph 19A(1) of Schedule 2; paragraph 20(1) of Schedule 2; paragraph 21(1) of Schedule 2; 
paragraph 1(1) and (2) of Schedule 2A. 
10. In paragraph 16(1) of Schedule 2 for the wo rds “that Part” there shall be substituted “this 
Chapter”.  11EXPLANATORY NOTE 
(This note is not part  of the Regulations) 
These Regulations makes the necessary amendments to the Copyright, Designs and Patents Act 
1988 (“the 1988 Act”) to enable the United Kingdom to ratify the WIPO Performers and 
Phonograms Treaty (Cm 3728). This Treaty was specified by the European Communities 
(Definition of Treaties) (WIPO Copyright Treaty and WIPO Performances and Phonograms 
Treaty) Order 2005 (SI 2005/3431) to be a Community Treaty as defined in section 1(2) of the 
European Communities Act 1972. 
These Regulations create two new moral right s for performers of qualifying performances. The 
first right (granted by section 205C) is the right to be identified as the performer, the second right 
(granted by section 205F) is the right to object  to derogatory treatment. Exceptions to these rights 
are set out in section 205E and 205G respectively. 
These Regulations divide up Part 2 of the 1988 Act into four chapters and make a number of 
minor amendments. £3.00 
¤ Crown copyright 2006 
Printed and published in the UK by The Stationery Office Limited 
under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s 
Stationery Office and Queen’s Printer of Acts of Parliament. 
E0050 01/2006 160050T  19585 STATUTORY INSTRUMENTS 
2006 No. 18   
COPYRIGHT 
RIGHTS IN PERFORMANCES 
The Performances (Moral Rights, etc.) Regulations 2006