STATUTORY INSTRUMENTS 
1996 No. 2967 
COPYRIGHT RIGHTS  IN PERFORMANCES 
The Copyright and Relate d Rights Regulations 1996 
Made 
26th November 1996 
Coming into force 
1st December 1996 
Whereas a draft of the following Regulations  has been approved by resolution of each House of Parliament: 
Now, therefore, the Secretary of State, being a Minister design ated( 1) for the purposes of section 2(2) of the 
European Communities Act 1972( 2) in relation to measures relating to the protection of copyrig ht and rights in 
performances, in exercise of powers conferred by section 2(2) a nd (4) of the said Act of 1972, hereby makes the 
following Regulations:— 
PART IINTRODUCTORY PROVISIONS  
Citation, commencement and extent. 
1.—(1) These Regulations may be cited as the Copyright and Relate d Rights Regulations 1996. 
(2) These Regulations come into force on 1st December 1996. 
(3) These Regulations extend to the whole of the United Kingdom . 
Interpretation 
2.  In these Regulations— 
“EEA Agreement” means the Agreement on the European Economic Ar ea signed at Oporto on 2nd May 
1992( 3), as adjusted by the Protocol signed at Brussels on 17th March  1993( 4); and 
“EEA state” means a state which is a contracting party to the E EA Agreement. 
Implementation of Directives, &c. 
3.  These Regulations make provision for the purpose of implement ing— 
(a)Council Directive No. 92/100/EEC  of 19 November 1992( 5) on rental right and lending right and on 
certain rights related to copyright in the field of intellectua l property; 
(b)Council Directive No. 93/83/EEC  of 27 September 1993( 6) on the coordination of certain rules 
concerning copyright and rights related to copyright applicable  to satellite broadcasting and cable 
retransmission; (c)the provisions of Council Directive No. 93/98/EEC  of 29 October 1993( 7) harmonizing the term of 
protection of copyright and certain related rights, so far as n ot implemented by the Duration of Copyright 
and Rights in Performances Regulations 1995( 8); and 
(d)certain obligations of the United Kingdom created by or aris ing under the EEA Agreement so far as 
relevant to the implementation of those Directives. 
Scheme of the regulations 
4.  The Copyright, Designs, and Patents Act 1988( 9) is amended in accordance with the provisions of Part 
II of these Regulations, subject to the savings and transitiona l provisions in Part III of these Regulations. 
PART IIAMENDMENTS OF THE COPYRIG HT, DESIGNS AND PATENTS ACT 198 8 
Satellite broadcasts and cable re-transmission  
Place where broadcast treated as made 
5.  For section 6(4) (broadcasts: place where regarded as made) s ubstitute— 
“(4) For the purposes of this Part, the place from which a broa dcast is made is the place 
where, under the control and responsibility of the person makin g the broadcast, the programme-
carrying signals are introduced into an uninterrupted chain of communication (including, in the 
case of a satellite transmission, the chain leading to the sate llite and down towards the earth).”. 
Safeguards in relation to certain satellite broadcasts 
6.—(1) In section 6 (broadcasts), after subsection (4) insert— 
“(4A) Subsections (3) and (4) have effect subject to section 6A  (safeguards in case of certain 
satellite broadcasts).” 
(2) After that section insert— 
“Safeguards in case of certain satellite broadcasts. 
6A.—(1) This section applies where the place from which a broadcas t by way of satellite 
transmission is made is located in a country other than an EEA State and the law of that country 
fails to provide at least the following level of protection— 
(a)exclusive rights in relation to broadcasting equivalent to t hose conferred by section 20 
(infringement by broadcasting) on the authors of literary, dram atic, musical and artistic works, 
films and broadcasts; 
(b)a right in relation to live broadcasting equivalent to that conferred on a performer by section 
182(1)(b) (consent required for live broadcast of performance);  and 
(c)a right for authors of sound recordings and performers to sh are in a single equitable 
remuneration in respect of the broadcasting of sound recordings . (2) Where the place from which the programme-carrying signals a re transmitted to the 
satellite (“the uplink station”) is located in an EEA State— 
(a)that place shall be treated as the place from which the broa dcast is made, and 
(b)the person operating the uplink station shall be treated as the person making the 
broadcast. 
(3) Where the uplink station is not located in an EEA State but  a person who is established 
in an EEA State has commissioned the making of the broadcast— 
(a)that person shall be treated as the person making the broadc ast, and 
(b)the place in which he has his principal establishment in the  European Economic Area shall 
be treated as the place from which the broadcast is made.”. 
Exercise of rights in relation to cable re-transmission 
7.  In Chapter VII of Part I (provisions as to copyright licensin g), after section 144 insert— 
“Compulsory collective administration of certain rights  
Collective exercise of certain rig hts in relation to cable re-t ransmission. 
144A. —(1) This section applies to the right of the owner of copyrigh t in a literary, dramatic, 
musical or artistic work, sound recording or film to grant or r efuse authorisation for cable re-
transmission of a broadcast from another EEA member state in wh ich the work is included. That 
right is referred to below as “cable re-transmission right”. 
(2) Cable re-transmission right may be exercised against a cabl e operator only through a 
licensing body. 
(3) Where a copyright owner has not transferred management of h is cable re-transmission 
right to a licensing body, the licensing body which manages rig hts of the same category shall 
be deemed to be mandated to manage his right. Where more than o ne licensing body manages 
rights of that category, he may choose which of them is deemed to be mandated to manage his 
right. 
(4) A copyright owner to whom subsection (3) applies has the sa me rights and obligations 
resulting from any relevant agreement between the cable operato r and the licensing body as 
have copyright owners who have transferred management of their cable re-transmission right 
to that licensing body. 
(5) Any rights to which a copyright owner may be entitled by vi rtue of subsection (4) must be 
claimed within the period of three years beginning with the dat e of the cable re-transmission 
concerned. 
(6) This section does not affect any rights exercisable by the maker of the broadcast, whether 
in relation to the broadcast or a work included in it. (7) In this section— “cable operator” means a person providing a cable programme service; 
and 
“cable re-transmission” means the reception and immediate re-tr ansmission by way of a cable 
programme service of a broadcast.”. 
Meaning of wireless telegraphy. 
8.  In section 178 (minor definitions), in the definition of “wir eless telegraphy” at the end insert “, but does 
not include the transmission of microwave energy between terres trial fixed points”. 
Distribution right  
Issue of copies of work to the public: extension of right 
9.—(1) Section 18 (infringement of copyright by issue of copies o f work to public) is amended as follows. 
(2) For subsections (2) and (3) (meaning of issue of copies to the public) substitute— 
“(2) References in this Part to the issue to the public of copi es of a work are to— 
(a)the act of putting into circulation in the EEA copies not pr eviously put into circulation in the 
EEA by or with the consent of the copyright owner, or 
(b)the act of putting into circulation outside the EEA copies n ot previously put into circulation 
in the EEA or elsewhere. 
(3) References in this Part to the issue to the public of copie s of a work do not include— 
(a)any subsequent distribution, sale, hiring or loan of copies previously put into circulation (but 
see section 18A: infringement by rental or lending), or 
(b)any subsequent importation of such copies into the United Ki ngdom or another EEA state, 
except so far as paragraph (a) of subsection (2) applies to put ting into circulation in the EEA 
copies previously put into circulation outside the EEA.”. 
(3) After subsection (3) add— 
“(4) References in this Part to the issue of copies of a work i nclude the issue of the original.”. 
(4) In consequence of the above amendments, in section 27 (mean ing of “infringing copy”) omit subsection 
(3A) and the words “Subject to subsection (3A),” in subsection (3). 
(5) In section 172A (meaning of EEA national and EEA state), fo r the sidenote and subsection (1) 
substitute— 
“172A.    Meaning of EEA and related expressions. 
(1) In this Part— 
“the EEA” means the European Economic Area; “EEA national” means a national of an EEA state; and 
“EEA state” means a state which is a contracting party to the E EA Agreement.”. 
(6) In section 179 (index of defined expressions)— 
(a)in the first column of the entry relating to the expressions  “EEA national” and “EEA state”, at the 
beginning insert “EEA,”, and 
(b)in the second column of the entry relating to the expression  “issue of copies to the public” for “section 
18(2)” substitute “section 18”. 
Rental and lending right  
Rental or lending of copyright work 
10.—(1) In section 16 (the acts restricted by copyright in a work) , in subsection (1), after paragraph (b) 
insert— 
“(ba)to rent or lend the work to the public (see section 18A);” . 
(2) After section 18 (infringement of copyright by issue of cop ies of work), insert— 
“Infringement by rental or lending of work to the public. 
18A. —(1) The rental or lending of copies of the work to the public is an act restricted by the 
copyright in— 
(a)a literary, dramatic or musical work, 
(b)an artistic work, other than— 
(i)a work of architecture in the form of a building or a model for a building, or 
(ii)a work of applied art, or 
(c)a film or a sound recording. 
(2) In this Part, subject to the following provisions of this s ection— 
(a)“rental” means making a copy of the work available for use, on terms that it will or may be 
returned, for direct or indirect economic or commercial advanta ge, and 
(b)“lending” means making a copy of the work available for use,  on terms that it will or may be 
returned, otherwise than for direct or indirect economic or com mercial advantage, through an 
establishment which is accessible to the public. 
(3) The expressions “rental” and “lending” do not include— 
(a)making available for the purpose of public performance, play ing or showing in public, 
broadcasting or inclusion in a cable programme service; 
(b)making available for the purpose of exhibition in public; or  (c)making available for on-the-spot reference use. 
(4) The expression “lending” does not include making available between establishments 
which are accessible to the public. 
(5) Where lending by an establishment accessible to the public gives rise to a payment the 
amount of which does not go beyond what is necessary to cover t he operating costs of the 
establishment, there is no direct or indirect economic or comme rcial advantage for the purposes 
of this section. 
(6) References in this Part to the rental or lending of copies of a work include the rental or 
lending of the original.”. 
(3) In section 178 (minor definitions), at the appropriate plac e insert— 
““rental right” means the right of a copyright owner to authori se or prohibit the rental of copies of the work 
(see section 18A);”; 
and omit the definition of “rental”. 
(4) In section 179 (index of defined expressions), in the entry  relating to the expression “rental” for “section 
178” substitute “section 18A(2) to (6)”; and at the appropriate  places insert— 
• “lending section 18A(2) to (6)” 
• “rental right section 178”. 
Permitted lending of copyright works 
11.—(1) In Chapter III of Part I (acts permitted in relation to co pyright works), in the sections relating to 
education, after section 36 insert— 
“Lending of copies by educational establishments 
36A.   Copyright in a work is not infringed by the lending of copies  of the work by an 
educational establishment.”. 
(2) In the same Chapter, in the sections relating to libraries and archives, after section 40 insert— 
“Lending of copies by libraries or archives. 
40A. —(1) Copyright in a work of any description is not infringed by  the lending of a book by 
a public library if the book is within the public lending right  scheme. For this purpose— 
(a)“the public lending right scheme” means the scheme in force under section 1 of the Public 
Lending Right Act 1979, and 
(b)a book is within the public lending right scheme if it is a book within the meaning of the 
provisions of the scheme relating to eligibility, whether or no t it is in fact eligible. 
(2) Copyright in a work is not infringed by the lending of copi es of the work by a prescribed 
library or archive (other than a public library) which is not c onducted for profit.” (3) In the same Chapter for section 66 (rental of sound recordi ngs, films and computer programs), and the 
heading preceding it, substitute— 
“Miscellaneous: lending of works and playing of sound recordings  
Lending to public of copies of certain works. 
66.—(1) The Secretary of State may by order provide that in such c ases as may be specified 
in the order the lending to the public of copies of literary, d ramatic, musical or artistic works, 
sound recordings or films shall be treated as licensed by the c opyright owner subject only to 
the payment of such reasonable royalty or other payment as may be agreed or determined in 
default of agreement by the Copyright Tribunal. 
(2) No such order shall apply if, or to the extent that, there is a licensing scheme certified for 
the purposes of this section under section 143 providing for th e grant of licences. 
(3) An order may make different provision for different cases a nd may specify cases by 
reference to any factor relating to the work, the copies lent, the lender or the circumstances of 
the lending. 
(4) An order shall be made by statutory instrument; and no orde r shall be made unless a 
draft of it has been laid before and approved by a resolution o f each House of Parliament. 
(5) Nothing in this section affects any liability under section  23 (secondary infringement: 
possessing or dealing with infringing copy) in respect of the l ending of infringing copies.”. 
(4) In section 143(1) (certification of licensing schemes: rele vant provisions), for paragraph (c) substitute— 
“(c)section 66 (lending to public of copies of certain works),” . 
(5) In section 178 (minor definitions), insert at the appropria te place— 
• ““public library” means a library  administered by or on behalf of— 
(a) 
in England and Wales, a library  authority within  the meaning of  the Public Libraries and Museums Act 1964; 
(b) 
in Scotland, a statuto ry library authority within the meaning o f the Public Libraries (Scotland) Act 1955; 
(c) 
in Northern Ireland, an Education and Library Board within the meaning of the Education and Libraries (Northern 
Ireland) Order 1986;”. 
(6) In section 179 (index of defined expressions), at the appro priate place insert— 
• “public library section 178”. (7) The following provisions (which relate to lending by public  libraries) are repealed— 
• section 4(2) of the Public L ibraries (Scotland) Act 1955( 10), 
• section 8(6) of the Public Lib raries and Museums Act 1964( 11), 
• Article 77(3) of the Education and Libraries (Northern Ireland)  Order 1986( 12), 
• paragraphs 6, 8 and 34 of Schedule 7 to the Copyright, Designs and Patents Act 1988( 13) (which insert the above 
provisions). 
Presumption of transfer of rental right in case of film product ion agreement 
12.  In Chapter V of Part I (dealings with rights in copyright wor ks), after section 93 insert— 
“Presumption of transfer of rental right in case of film product ion agreement. 
93A. —(1) Where an agreement concerning film production is concluded  between an author 
and a film producer, the author shall be presumed, unless the a greement provides to the 
contrary, to have transferred to the film producer any rental r ight in relation to the film arising 
by virtue of the inclusion of a copy of the author’s work in th e film. 
(2) In this section “author” means an author, or prospective au thor, of a literary, dramatic, 
musical or artistic work. 
(3) Subsection (1) does not apply to any rental right in relati on to the film arising by virtue of 
the inclusion in the film of the screenplay, the dialogue or mu sic specifically created for and 
used in the film. 
(4) Where this section applies, the absence of signature by or on behalf of the author does 
not exclude the operation of section 91(1) (effect of purported  assignment of future copyright). 
(5) The reference in subsection (1) to an agreement concluded b etween an author and a film 
producer includes any agreement having effect between those per sons, whether made by them 
directly or through intermediaries. 
(6) Section 93B (right to equitable remuneration on transfer of  rental right) applies where 
there is a presumed transfer by virtue of this section as in th e case of an actual transfer.”. 
Rental and lending: applications to Copyright Tribunal 
13.—(1) In section 133 (licences to reflect payments in respect of  underlying rights), for subsection (1) 
(considerations relevant to rental of certain works) substitute — 
“(1) In considering what charges should be paid for a licence— 
(a)on a reference or application under this Chapter relating to  licences for the rental or lending 
of copies of a work, or 
(b)on an application under section 142 (royalty or other sum pa yable for lending of certain 
works), the Copyright Tribunal shall take into account any reas onable payments which the owner of the copyright in the work is liable to make in consequ ence of the granting of the 
licence, or of the acts authorised by the licence, to owners of  copyright in works included in 
that work.”. 
(2) For section 142 (royalty or other sum payable for rental of  sound recording, film or computer program), 
and the heading preceding it, substitute— 
“Royalty or other sum payable for lending of certain works  
142.    Royalty or other sum payable for lending of certain wor ks. 
(1) An application to settle the royalty or other sum payable i n pursuance of section 66 
(lending of copies of certain copyright works) may be made to t he Copyright Tribunal by the 
copyright owner or the person claiming to be treated as license d by him. 
(2) The Tribunal shall consider the matter and make such order as it may determine to be 
reasonable in the circumstances. 
(3) Either party may subsequently apply to the Tribunal to vary  the order, and the Tribunal 
shall consider the matter and make such order confirming or var ying the original order as it may 
determine to be reasonable in the circumstances. 
(4) An application under subsection (3) shall not, except with the special leave of the 
Tribunal, be made within twelve months from the date of the ori ginal order or of the order on a 
previous application under that subsection. 
(5) An order under subsection (3) has effect from the date on w hich it is made or such later 
date as may be specified by the Tribunal.”. 
(3) In section 149 (jurisdiction of the Copyright Tribunal), in  paragraph (e) for “rental of sound recording, 
film or computer program” substitute “lending of certain works” . 
Right to equitable remuneration where rental right transferred 
14.—(1) In Chapter V of Part I (dealings with rights in copyright works), after section 93A (inserted by 
regulation 12) insert— 
“Right to equitable remuneration where rental right transferred  
Right to equitable remuneration where rental right transferred.  
93B. —(1) Where an author to whom this section applies has transferr ed his rental right 
concerning a sound recording or a film to the producer of the s ound recording or film, he retains 
the right to equitable remuneration for the rental. 
The authors to whom this section applies are— 
(a)the author of a literary, dramatic, musical or artistic work , and 
(b)the principal director of a film. (2) The right to equitable remuneration under this section may not be assigned by the author 
except to a collecting society for the purpose of enabling it t o enforce the right on his behalf. 
The right is, however, transmissible by testamentary dispositio n or by operation of law as 
personal or moveable property; and it may be assigned or furthe r transmitted by any person 
into whose hands it passes. 
(3) Equitable remuneration under this section is payable by the  person for the time being 
entitled to the rental right, that is, the person to whom the r ight was transferred or any successor 
in title of his. 
(4) The amount payable by way of equitable remuneration is as a greed by or on behalf of 
the persons by and to whom it is payable, subject to section 93 C (reference of amount to 
Copyright Tribunal). 
(5) An agreement is of no effect in so far as it purports to ex clude or restrict the right to 
equitable remuneration under this section. 
(6) References in this section to the transfer of rental right by one person to another include 
any arrangement having that effect, whether made by them direct ly or through intermediaries. 
(7) In this section a “collecting society” means a society or o ther organisation which has as 
its main object, or one of its main objects, the exercise of th e right to equitable remuneration 
under this section on behalf of more than one author. 
Equitable remuneration: reference of amount to Copyright Tribun al. 
93C. —(1) In default of agreement as to the amount payable by way of  equitable 
remuneration under section 93B, the person by or to whom it is payable may apply to the 
Copyright Tribunal to determine the amount payable. 
(2) A person to or by whom equitable remuneration is payable un der that section may also 
apply to the Copyright Tribunal— 
(a)to vary any agreement as to the amount payable, or 
(b)to vary any previous determination of the Tribunal as to tha t matter; but except with the 
special leave of the Tribunal no such application may be made w ithin twelve months from the 
date of a previous determination. 
An order made on an application under this subsection has effec t from the date on which it is 
made or such later date as may be specified by the Tribunal. 
(3) On an application under this section the Tribunal shall con sider the matter and make 
such order as to the method of calculating and paying equitable  remuneration as it may 
determine to be reasonable in the circumstances, taking into ac count the importance of the 
contribution of the author to the film or sound recording. (4) Remuneration shall not be considered inequitable merely bec ause it was paid by way of 
a single payment or at the time of the transfer of the rental r ight. 
(5) An agreement is of no effect in so far as it purports to pr event a person questioning the 
amount of equitable remuneration or to restrict the powers of t he Copyright Tribunal under this 
section.”. 
(2) In section 149 (jurisdiction of the Copyright Tribunal), be fore paragraph (a) insert— 
“(zb)section 93C (application to determine amount of equitable remuneration under section 
93B);”. 
Consequential modification of provisions relating to licensing 
15.—(1) Chapter VII of Part I (copyright licensing) is amended as follows. 
(2) For section 117 (licensing schemes about which references a nd applications may be made) 
substitute— 
“117.    Licensing schemes to which following sections apply. 
Sections 118 to 123 (references and applications with respect t o licensing schemes) apply to 
licensing schemes which are operated by licensing bodies and co ver works of more than one 
author, so far as they relate to licences for— 
(a)copying the work, 
(b)rental or lending of copies of the work to the public, 
(c)performing, showing or playing the work in public, or 
(d)broadcasting the work or including it in a cable programme s ervice; 
and references in those sections to a licensing scheme shall be  construed accordingly.”. 
(3) For section 124 (licences about which references and applic ations may be made) substitute— 
“124.    Licences to which following sections apply. 
Sections 125 to 128 (references and applications with respect t o licensing by licensing bodies) 
apply to licences which are granted by a licensing body otherwi se than in pursuance of a 
licensing scheme and cover works of more than one author, so fa r as they authorise— 
(a)copying the work, 
(b)rental or lending of copies of the work to the public, 
(c)performing, showing or playing the work in public, or 
(d)broadcasting the work or including it in a cable programme s ervice; 
and references in those sections to a licence shall be construe d accordingly.”. 
Publication right  Publication right 
16.—(1) A person who after the expiry of copyright protection, pub lishes for the first time a previously 
unpublished work has, in accordance with the following provisio ns, a property right (“publication right”) 
equivalent to copyright. 
(2) For this purpose publication includes any communication to the public, in particular— 
(a)the issue of copies to the public; 
(b)making the work available by means of an electronic retrieva l system; 
(c)the rental or lending of copies of the work to the public; 
(d)the performance, exhibition or showing of the work in public ; or 
(e)broadcasting the work or including it in a cable programme s ervice. 
(3) No account shall be taken for this purpose of any unauthori sed act. 
In relation to a time when there is no copyright in the work, a n unauthorised act means an act done without 
the consent of the owner of the physical medium in which the wo rk is embodied or on which it is recorded. 
(4) A work qualifies for publication right protection only if— 
(a)first publication is in the European Economic Area, and 
(b)the publisher of the work is at the time of first publicatio n a national of an EEA state. Where two or more 
persons jointly publish the work, it is sufficient for the purp oses of paragraph (b) if any of them is a national 
of an EEA state. 
(5) No publication right arises from the publication of a work in which Crown copyright or Parliamentary 
copyright subsisted. 
(6) Publication right expires at the end of the period of 25 ye ars from the end of the calendar year in which 
the work was first published. 
(7) In this regulation a “work” means a literary, dramatic, mus ical or artistic work or a film. 
(8) Expressions used in this regulation (other than “publicatio n”) have the same meaning as in Part I. 
Application of copyright provisions to publication right 
17.—(1) The substantive provisions of Part I relating to copyright  (but not moral rights in copyright works), 
that is, the relevant provisions of— 
• Chapter II (rights o f copyright owner), 
• Chapter III (acts permitted in r elation to copyright works), 
• Chapter V (dealings with rights in copyright works), 
• Chapter VI (remedies for infringement), and • Chapter VII (copyright licensing), 
apply in relation to publication right as in relation to copyri ght, subject to the following exceptions and 
modifications. 
(2) The following provisions do not apply— 
(a)in Chapter III (acts permitted in relation to copyright work s), sections 57, 64, 66A and 67; 
(b)in Chapter VI (remedies for infringement), sections 104 to 1 06; 
(c)in Chapter VII (copyright licensing), section 116(4). 
(3) The following provisions have effect with the modifications  indicated— 
(a)in section 107(4) and (5) (offences of making or dealing in infringing articles, &c.), the maximum 
punishment on summary conviction is imprisonment for a term not  exceeding three months or a fine not 
exceeding level 5 on the standard scale, or both; 
(b)in sections 116(2), 117 and 124 for “works of more than one author” substitute “works of more than one 
publisher”. 
(4) The other relevant provisions of Part I, that is— 
• in Chapter I, provisions defining expressions us ed genera lly in Part I, 
• Chapter VIII (the Copyright Tribunal), 
• in Chapter IX— 
• section 161 (territorial water s and the continental shelf), and  
• section 162 (British ships, air craft and hovercraft), and in Ch apter X— 
• section 171(1) and (3) (savings  for other rules of law, &c.), a nd 
• sections 172 to 179 (general i nterpretation provisions), 
apply, with any necessary adaptations, for the purposes of supp lementing the substantive provisions of that 
Part as applied by this regulation. 
(5) Except where the context otherwise requires, any other enac tment relating to copyright (whether 
passed or made before or after these regulations) applies in re lation to publication right as in relation to 
copyright. 
In this paragraph “enactment” includes an enactment contained i n subordinate legislation within the meaning 
of the Interpretation Act 1978( 14). 
Authorship of films and certain photographs  
Authorship of films 18.—(1) In section 9(2) (person to be taken to be author of work),  for paragraph (a) (sound recordings and 
films) substitute— 
“(aa)in the case of a sound recording, the producer; 
(ab)in the case of a film, the producer and the principal direc tor;”. 
(2) In section 10 (works of joint authorship), after subsection  (1) insert— 
“(1A) A film shall be treated as a work of joint authorship unl ess the producer and the 
principal director are the same person.”. 
(3) In section 11 (first ownership of copyright), in subsection  (2) (work made by employee in course of 
employment) after “literary, dramatic, musical or artistic work ” insert “, or a film,”. 
(4) In section 105 (presumptions relevant to sound recordings a nd films)— 
(a)in subsections (2)(a) and (5)(a) for “author or director” su bstitute “director or producer”, 
(b)in subsection (5), after paragraph (a) insert— 
“(aa)that a named person was the principal director of the film , the author of the screenplay, 
the author of the dialogue or the composer of music specificall y created for and used in the 
film, or,”. 
and 
(c)after subsection (5) add— 
“(6) For the purposes of this section, a statement that a perso n was the director of a film shall 
be taken, unless a contrary indication appears, as meaning that  he was the principal director of 
the film.”. 
(5) In section 178 (minor definitions), at the appropriate plac e insert— 
• ““producer”, in relation to a s ound recording or a film, means the person by whom the a rrangements necessary for 
the making of the sound record ing or film are undertaken;”. 
(6) In section 179 (index of defined expressions), at the appro priate place insert— 
• “producer (in relati on to a sound recording or film) section 17 8”. 
Clarification of transitional provisions relating to pre-1989 p hotographs 
19.  Any question arising, in relation to photographs which were e xisting works within the meaning of 
Schedule 1, as to who is to be regarded as the author for the p urposes of— 
(a)regulations 15 and 16 of the Duration of Copyright and Right s in Performances Regulations 1995( 15) 
(duration of copyright: application of new provisions subject t o general saving), or 
(b)regulation 19(2)(b) of those regulations (ownership of reviv ed copyright), is to be determined in accordance with section 9 as in force on  the commencement of those regulations (and 
not, by virtue of paragraph 10 of Schedule 1, in accordance wit h the law in force at the time when the work 
was made). 
Performers' rights  
Extension of performers' rights 
20.—(1) For section 182 (performers' rights: consent required for recording or live transmission of 
performance) substitute— 
“182.    Consent required for record ing, &c. of live performance . 
(1) A performer’s rights are infringed by a person who, without  his consent— 
(a)makes a recording of the whole or any substantial part of a qualifying performance directly 
from the live performance, 
(b)broadcasts live, or includes live in a cable programme servi ce, the whole or any substantial 
part of a qualifying performance, 
(c)makes a recording of the whole or any substantial part of a qualifying performance directly 
from a broadcast of, or cable programme including, the live per formance. 
(2) A performer’s rights are not infringed by the making of any  such recording by a person 
for his private and domestic use. 
(3) In an action for infringement of a performer’s rights broug ht by virtue of this section 
damages shall not be awarded against a defendant who shows that  at the time of the 
infringement he believed on reasonable grounds that consent had  been given.”. 
(2) After that section insert— 
“Consent required for copying of recording. 
182A. —(1) A performer’s rights are infringed by a person who, withou t his consent, makes, 
otherwise than for his private and domestic use, a copy of a re cording of the whole or any 
substantial part of a qualifying performance. 
(2) It is immaterial whether the copy is made directly or indir ectly. 
(3) The right of a performer under this section to authorise or  prohibit the making of such 
copies is referred to in this Part as “reproduction right”. 
Consent required for issue of copies to public. 
182B. —(1) A performer’s rights are infringed by a person who, withou t his consent, issues 
to the public copies of a recording of the whole or any substan tial part of a qualifying 
performance. 
(2) References in this Part to the issue to the public of copie s of a recording are to— (a)the act of putting into circulation in the EEA copies not pr eviously put into circulation in the 
EEA by or with the consent of the performer, or 
(b)the act of putting into circulation outside the EEA copies n ot previously put into circulation 
in the EEA or elsewhere. 
(3) References in this Part to the issue to the public of copie s of a recording do not include— 
(a)any subsequent distribution, sale, hiring or loan of copies previously put into circulation (but 
see section 182C: consent required for rental or lending), or 
(b)any subsequent importation of such copies into the United Ki ngdom or another EEA state, 
except so far as paragraph (a) of subsection (2) applies to put ting into circulation in the EEA 
copies previously put into circulation outside the EEA. 
(4) References in this Part to the issue of copies of a recordi ng of a performance include the 
issue of the original recording of the live performance. 
(5) The right of a performer under this section to authorise or  prohibit the issue of copies to 
the public is referred to in this Part as “distribution right”.  
Consent required for rental or lending of copies to public. 
182C. —(1) A performer’s rights are infringed by a person who, withou t his consent, rents or 
lends to the public copies of a recording of the whole or any s ubstantial part of a qualifying 
performance. 
(2) In this Part, subject to the following provisions of this s ection— 
(a)“rental” means making a copy of a recording available for us e, on terms that it will or may 
be returned, for direct or indirect economic or commercial adva ntage, and 
(b)“lending” means making a copy of a recording available for u se, on terms that it will or may 
be returned, otherwise than for direct or indirect economic or commercial advantage, through 
an establishment which is accessible to the public. 
(3) The expressions “rental” and “lending” do not include— 
(a)making available for the purpose of public performance, play ing or showing in public, 
broadcasting or inclusion in a cable programme service; 
(b)making available for the purpose of exhibition in public; or  
(c)making available for on-the-spot reference use. 
(4) The expression “lending” does not include making available between establishments 
which are accessible to the public. (5) Where lending by an establishment accessible to the public gives rise to a payment the 
amount of which does not go beyond what is necessary to cover t he operating costs of the 
establishment, there is no direct or indirect economic or comme rcial advantage for the purposes 
of this section. 
(6) References in this Part to the rental or lending of copies of a recording of a performance 
include the rental or lending of the original recording of the live performance. 
(7) In this Part— 
“rental right” means the right of a performer under this sectio n to authorise or prohibit the rental of copies to 
the public, and 
“lending right” means the right of a performer under this secti on to authorise or prohibit the lending of copies 
to the public. 
Right to equitable remuneration for exploitation of sound recor ding. 
182D. —(1) Where a commercially published sound recording of the whol e or any substantial 
part of a qualifying performance— 
(a)is played in public, or 
(b)is included in a broadcast or cable programme service, 
the performer is entitled to equitable remuneration from the ow ner of the copyright in the sound 
recording. 
(2) The right to equitable remuneration under this section may not be assigned by the 
performer except to a collecting society for the purpose of ena bling it to enforce the right on his 
behalf. 
The right is, however, transmissible by testamentary dispositio n or by operation of law as 
personal or moveable property; and it may be assigned or furthe r transmitted by any person 
into whose hands it passes. 
(3) The amount payable by way of equitable remuneration is as a greed by or on behalf of 
the persons by and to whom it is payable, subject to the follow ing provisions. 
(4) In default of agreement as to the amount payable by way of equitable remuneration, the 
person by or to whom it is payable may apply to the Copyright T ribunal to determine the amount 
payable. 
(5) A person to or by whom equitable remuneration is payable ma y also apply to the 
Copyright Tribunal— 
(a)to vary any agreement as to the amount payable, or 
(b)to vary any previous determination of the Tribunal as to tha t matter; but except with the special leave of the Tribunal no such appli cation may be made within twelve 
months from the date of a previous determination. 
• An order made on an application under this subsection has effec t from the date on which it is made or such later 
date as may be specif ied by the Tribunal. 
(6) On an application under this section the Tribunal shall con sider the matter and make 
such order as to the method of calculating and paying equitable  remuneration as it may 
determine to be reasonable in the circumstances, taking into ac count the importance of the 
contribution of the performer to the sound recording. 
(7) An agreement is of no effect in so far as it purports— 
(a)to exclude or restrict the right to equitable remuneration u nder this section, or 
(b)to prevent a person questioning the amount of equitable remu neration or to restrict the 
powers of the Copyright Tribunal under this section.”. 
(3) In Schedule 2 (rights in performances: permitted acts), aft er paragraph 6 insert— 
“Lending of copies by educational establishments  
6A.—(1) The rights conferred by Part II are not infringed by the l ending of copies of a 
recording of a performance by an educational establishment. 
(2) Expressions used in this paragraph have the same meaning as  in section 36A; and any 
provision with respect to the application of that section made under section 174(2) (instruction 
given elsewhere than an educational establishment) applies also  for the purposes of this 
paragraph. 
Lending of copies by libraries or archives  
6B.—(1) The rights conferred by Part II are not infringed by the l ending of copies of a 
recording of a performance by a prescribed library or archive ( other than a public library) which 
is not conducted for profit. 
(2) Expressions used in this paragraph have the same meaning as  in section 40A(2); and 
any provision under section 37 prescribing libraries or archive s for the purposes of that section 
applies also for the purposes of this paragraph.”; 
and after paragraph 14 insert— 
“Lending of certain recordings  
14A. —(1) The Secretary of State may by order provide that in such c ases as may be 
specified in the order the lending to the public of copies of f ilms or sound recordings shall be 
treated as licensed by the performer subject only to the paymen t of such reasonable royalty or other payment as may be agreed or determined in default of agre ement by the Copyright 
Tribunal. 
(2) No such order shall apply if, or to the extent that, there is a licensing scheme certified for 
the purposes of this paragraph under paragraph 16 of Schedule 2 A providing for the grant of 
licences. 
(3) An order may make different provision for different cases a nd may specify cases by 
reference to any factor relating to the work, the copies lent, the lender or the circumstances of 
the lending. 
(4) An order shall be made by statutory instrument; and no orde r shall be made unless a 
draft of it has been laid before and approved by a resolution o f each House of Parliament. 
(5) Nothing in this section affects any liability under section  184(1)(b) (secondary 
infringement: possessing or dealing with illicit recording) in respect of the lending of illicit 
recordings. 
(6) Expressions used in this paragraph have the same meaning as  in section 66.”. 
(4) In section 212 (index of defined expressions: Part II), at the appropriate places insert— 
• “distribution right section 182B(5)” 
• “lending right section 182C(7)” 
• “rental right section 182C(7)” 
• “reproduction right section 182A(3)”. 
Performers' property rights 
21.—(1) After section 191 insert— 
“Performers' property rights  
Performers' property rights. 
191A. —(1) The following rights conferred by this Part on a performer — 
• reproduction right (section 182A), 
• distribution right (section 182B), 
• rental right and lending right (section 182C), 
are property rights (“a performer’s property rights”). 
(2) References in this Part to the consent of the performer sha ll be construed in relation to a 
performer’s property rights as references to the consent of the  rights owner. 
(3) Where different persons are (whether in consequence of a pa rtial assignment or 
otherwise) entitled to different aspects of a performer’s prope rty rights in relation to a performance, the rights owner for any purpose of this Part is t he person who is entitled to the 
aspect of those rights relevant for that purpose. 
(4) Where a performer’s property rights (or any aspect of them)  is owned by more than one 
person jointly, references in this Part to the rights owner are  to all the owners, so that, in 
particular, any requirement of the licence of the rights owner requires the licence of all of them. 
Assignment and licences. 
191B. —(1) A performer’s property rights are transmissible by assignm ent, by testamentary 
disposition or by operation of law, as personal or moveable pro perty. 
(2) An assignment or other transmission of a performer’s proper ty rights may be partial, that 
is, limited so as to apply— 
(a)to one or more, but not all, of the things requiring the con sent of the rights owner; 
(b)to part, but not the whole, of the period for which the righ ts are to subsist. 
(3) An assignment of a performer’s property rights is not effec tive unless it is in writing signed 
by or on behalf of the assignor. 
(4) A licence granted by the owner of a performer’s property ri ghts is binding on every 
successor in title to his interest in the rights, except a purc haser in good faith for valuable 
consideration and without notice (actual or constructive) of th e licence or a person deriving title 
from such a purchaser; and references in this Part to doing any thing with, or without, the licence 
of the rights owner shall be construed accordingly. 
Prospective ownership of a performer’s property rights. 
191C. —(1) This section applies where by an agreement made in relatio n to a future 
recording of a performance, and signed by or on behalf of the p erformer, the performer purports 
to assign his performer’s property rights (wholly or partially)  to another person. 
(2) If on the rights coming into existence the assignee or anot her person claiming under him 
would be entitled as against all other persons to require the r ights to be vested in him, they shall 
vest in the assignee or his successor in title by virtue of thi s subsection. 
(3) A licence granted by a prospective owner of a performer’s p roperty rights is binding on 
every successor in title to his interest (or prospective intere st) in the rights, except a purchaser 
in good faith for valuable consideration and without notice (ac tual or constructive) of the licence 
or a person deriving title from such a purchaser. 
References in this Part to doing anything with, or without, the  licence of the rights owner shall 
be construed accordingly. (4) In subsection (3) “prospective owner” in relation to a perf ormer’s property rights means a 
person who is prospectively entitled to those rights by virtue of such an agreement as is 
mentioned in subsection (1). 
Exclusive licences. 
191D. —(1) In this Part an “exclusive licence” means a licence in wri ting signed by or on 
behalf of the owner of a performer’s property rights authorisin g the licensee to the exclusion of 
all other persons, including the person granting the licence, t o do anything requiring the consent 
of the rights owner. 
(2) The licensee under an exclusive licence has the same rights  against a successor in title 
who is bound by the licence as he has against the person granti ng the licence. 
Performer’s property right to  pass under will with unpublished original 
recording. 
191E.   Where under a bequest (whether general or specific) a person is entitled beneficially 
or otherwise to any material thing containing an original recor ding of a performance which was 
not published before the death of the testator, the bequest sha ll, unless a contrary intention is 
indicated in the testator’s will or a codicil to it, be constru ed as including any performer’s rights 
in relation to the recording to which the testator was entitled  immediately before his death. 
Presumption of transfer of rental right in case of film product ion agreement. 
191F. —(1) Where an agreement concerning film production is concluded  between a 
performer and a film producer, the performer shall be presumed,  unless the agreement provides 
to the contrary, to have transferred to the film producer any r ental right in relation to the film 
arising from the inclusion of a recording of his performance in  the film. 
(2) Where this section applies, the absence of signature by or on behalf of the performer 
does not exclude the operation of section 191C (effect of purpo rted assignment of future rights). 
(3) The reference in subsection (1) to an agreement concluded b etween a performer and a 
film producer includes any agreement having effect between thos e persons, whether made by 
them directly or through intermediaries. 
(4) Section 191G (right to equitable remuneration on transfer o f rental right) applies where 
there is a presumed transfer by virtue of this section as in th e case of an actual transfer. 
Right to equitable remuneration where rental right transferred.  
191G. —(1) Where a performer has transferred his rental right concern ing a sound recording 
or a film to the producer of the sound recording or film, he re tains the right to equitable 
remuneration for the rental. 
The reference above to the transfer of rental right by one pers on to another includes any 
arrangement having that effect, whether made by them directly o r through intermediaries. (2) The right to equitable remuneration under this section may not be assigned by the 
performer except to a collecting society for the purpose of ena bling it to enforce the right on his 
behalf. 
The right is, however, transmissible by testamentary dispositio n or by operation of law as 
personal or moveable property; and it may be assigned or furthe r transmitted by any person 
into whose hands it passes. 
(3) Equitable remuneration under this section is payable by the  person for the time being 
entitled to the rental right, that is, the person to whom the r ight was transferred or any successor 
in title of his. 
(4) The amount payable by way of equitable remuneration is as a greed by or on behalf of 
the persons by and to whom it is payable, subject to section 19 1H (reference of amount to 
Copyright Tribunal). 
(5) An agreement is of no effect in so far as it purports to ex clude or restrict the right to 
equitable remuneration under this section. 
(6) In this section a “collecting society” means a society or o ther organisation which has as 
its main object, or one of its main objects, the exercise of th e right to equitable remuneration on 
behalf of more than one performer. 
Equitable remuneration: reference of amount to Copyright Tribun al. 
191H. —(1) In default of agreement as to the amount payable by way of  equitable 
remuneration under section 191G, the person by or to whom it is  payable may apply to the 
Copyright Tribunal to determine the amount payable. 
(2) A person to or by whom equitable remuneration is payable ma y also apply to the 
Copyright Tribunal— 
(a)to vary any agreement as to the amount payable, or 
(b)to vary any previous determination of the Tribunal as to tha t matter; 
but except with the special leave of the Tribunal no such appli cation may be made within twelve 
months from the date of a previous determination. 
An order made on an application under this subsection has effec t from the date on which it is 
made or such later date as may be specified by the Tribunal. 
(3) On an application under this section the Tribunal shall con sider the matter and make 
such order as to the method of calculating and paying equitable  remuneration as it may 
determine to be reasonable in the circumstances, taking into ac count the importance of the 
contribution of the performer to the film or sound recording. (4) Remuneration shall not be considered inequitable merely bec ause it was paid by way of 
a single payment or at the time of the transfer of the rental r ight. 
(5) An agreement is of no effect in so far as it purports to pr event a person questioning the 
amount of equitable remuneration or to restrict the powers of t he Copyright Tribunal under this 
section. 
Infringement actionable by rights owner. 
191I. —(1) An infringement of a performer’s property rights is action able by the rights owner. 
(2) In an action for infringement of a performer’s property rig hts all such relief by way of 
damages, injunctions, accounts or otherwise is available to the  plaintiff as is available in respect 
of the infringement of any other property right. 
(3) This section has effect subject to the following provisions  of this Part. 
Provisions as to damages in infringement action. 
191J. —(1) Where in an action for infringement of a performer’s prope rty rights it is shown 
that at the time of the infringement the defendant did not know , and had no reason to believe, 
that the rights subsisted in the recording to which the action relates, the plaintiff is not entitled 
to damages against him, but without prejudice to any other reme dy. 
(2) The court may in an action for infringement of a performer’ s property rights having regard 
to all the circumstances, and in particular to— 
(a)the flagrancy of the infringement, and 
(b)any benefit accruing to the defendant by reason of the infri ngement, 
award such additional damages as the justice of the case may re quire. 
Undertaking to take licence of righ t in infringement proceeding s. 
191K. —(1) If in proceedings for infringement of a performer’s proper ty rights in respect of 
which a licence is available as of right under paragraph 17 of Schedule 2A (powers exercisable 
in consequence of competition report) the defendant undertakes to take a licence on such terms 
as may be agreed or, in default of agreement, settled by the Co pyright Tribunal under that 
paragraph— 
(a)no injunction shall be granted against him, 
(b)no order for delivery up shall be made under section 195, an d 
(c)the amount recoverable against him by way of damages or on a n account of profits shall 
not exceed double the amount which would have been payable by h im as licensee if such a 
licence on those terms had been granted before the earliest inf ringement. (2) An undertaking may be given at any time before final order in the proceedings, without 
any admission of liability. 
(3) Nothing in this section affects the remedies available in r espect of an infringement 
committed before licences of right were available. 
Rights and remedies for exclusive licensee. 
191L. —(1) An exclusive licensee has, except against the owner of a p erformer’s property 
rights, the same rights and remedies in respect of matters occu rring after the grant of the licence 
as if the licence had been an assignment. 
(2) His rights and remedies are concurrent with those of the ri ghts owner; and references in 
the relevant provisions of this Part to the rights owner shall be construed accordingly. 
(3) In an action brought by an exclusive licensee by virtue of this section a defendant may 
avail himself of any defence which would have been available to  him if the action had been 
brought by the rights owner. 
Exercise of concurrent rights. 
191M. —(1) Where an action for infringement of a performer’s property  rights brought by the 
rights owner or an exclusive licensee relates (wholly or partly ) to an infringement in respect of 
which they have concurrent rights of action, the rights owner o r ,  a s  t h e  c a s e  m a y  b e ,  t h e  
exclusive licensee may not, without the leave of the court, pro ceed with the action unless the 
other is either joined as plaintiff or added as a defendant. 
(2) A rights owner or exclusive licensee who is added as a defe ndant in pursuance of 
subsection (1) is not liable for any costs in the action unless  he takes part in the proceedings. 
(3) The above provisions do not affect the granting of interloc utory relief on an application by 
the rights owner or exclusive licensee alone. 
(4) Where an action for infringement of a performer’s property rights is brought which relates 
(wholly or partly) to an infringement in respect of which the r ights owner and an exclusive 
licensee have or had concurrent rights of action— 
(a)the court shall in assessing damages take into account— 
(i)the terms of the licence, and 
(ii)any pecuniary remedy already awarded or available to either  of them in respect of the 
infringement; 
(b)no account of profits shall be directed if an award of damag es has been made, or an 
account of profits has been directed, in favour of the other of  them in respect of the 
infringement; and (c)the court shall if an account of profits is directed apporti on the profits between them as the 
court considers just, subject to any agreement between them; an d these provisions apply 
whether or not the rights owner and the exclusive licensee are both parties to the action. 
(5) The owner of a performer’s property rights shall notify any  exclusive licensee having 
concurrent rights before applying for an order under section 19 5 (order for delivery up) or 
exercising the right conferred by section 196 (right of seizure ); and the court may on the 
application of the licensee make such order under section 195 o r, as the case may be, 
prohibiting or permitting the exercise by the rights owner of t he right conferred by section 196, 
as it thinks fit having regard to the terms of the licence.”. 
(2) For section 192 (transmission of rights) substitute— 
“Non-property rights  
192A.    Performers' non-property rights. 
(1) the rights conferred on a performer by— 
• section 182 (consent required fo r recording, &c. of live perfor mance), 
• section 183 (infringement of per former’s rights by use of recor ding made without consent), and 
• section 184 (infringement of per former’s rights i mporting, poss essing or dealing with illicit recording), 
• are not assignable or  transmissible, excep t to the following ex tent. 
• They are referred to in this P art as “a performer’s non-propert y rights”. 
(2) On the death of a person entitled to any such right— 
(a)the right passes to such person as he may by testamentary di sposition specifically direct, 
and 
(b)if or to the extent that there is no such direction, the rig ht is exercisable by his personal 
representatives. 
(3) References in this Part to the performer, in the context of  the person having any such 
right, shall be construed as references to the person for the t ime being entitled to exercise those 
rights. 
(4) Where by virtue of subsection (2)(a) a right becomes exerci sable by more than one 
person, it is exercisable by each of them independently of the other or others. 
(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. 
192B.    Transmissibility of righ ts of person having recording rights. (1) The rights conferred by this Part on a person having record ing rights are not assignable 
or transmissible. 
(2) This does not affect section 185(2)(b) or (3)(b), so far as  those provisions confer rights 
under this Part on a person to whom the benefit of a contract o r licence is assigned.”. 
(3) In section 193 (consent)— 
(a)in subsection (1), after “Consent for the purposes of this P art” insert “by a person having a performer’s 
non-property rights, or by a person having recording rights,”; and 
(b)in subsection (3), for “a right conferred by this Part” subs titute “a performer’s non-property right”. 
(4) In section 194 (infringement actionable as breach of statut ory duty), for “any of the rights conferred by 
this Part” substitute 
• “(a) 
a performer’s non-property rights, or 
(b) 
any right conferred by this Part on a person having recording r ights,”. 
(5) The headings in Part II falsified by the above amendments a re amended as follows— 
(a)for the heading before section 191 substitute— 
“Duration of rights ”; 
(b)omit the heading before section 194; 
(c)before section 195 insert the heading— 
“Delivery up or seizure of illicit recordings ”. 
(6) In section 212 (index of defined expressions: Part II), at the appropriate places insert— 
• “consent of performer (in relation  to performer’s property righ ts) section 191A(2)” 
• “performer’s non-property rights section 192A(1)” 
• “``performer’s property rights section 191A(1)” 
• “rights owner (in relation to performer’s property rights) sect ion 191A(3) and (4)”. 
Licensing of performers' property rights 
22.—(1) In Part II (performers' rights), after section 205 insert—  
“Licensing of performers' property rights  
Licensing of performers' property rights. 205A.   The provisions of Schedule 2A have effect with respect to the  licensing of performers' 
property rights.”. 
(2) After Schedule 2 insert— 
“SCHEDULE 2A LICENSING OF PERFORMERS' PROPERTY RIGHTS  
Licensing schemes and licensing bodies  
1.—(1) In Part II a “licensing scheme” means a scheme setting out — 
(a)the classes of case in which the operator of the scheme, or the person on whose behalf he 
acts, is willing to grant performers' property right licences, and 
(b)the terms on which licences would be granted in those classe s of case; 
and for this purpose a “scheme” includes anything in the nature  of a scheme, whether described 
as a scheme or as a tariff or by any other name. 
(2) In Part II a “licensing body” means a society or other orga nisation which has as its main 
object, or one of its main objects, the negotiating or granting , whether as owner or prospective 
owner of a performer’s property rights or as agent for him, of performers' property right licences, 
and whose objects include the granting of licences covering the  performances of more than one 
performer. 
(3) In this paragraph “performers' property right licences” mea ns licences to do, or authorise 
the doing of, any of the things for which consent is required u nder section 182A, 182B or 182C. 
(4) References in this Part to licences or licensing schemes co vering the performances of 
more than one performer do not include licences or schemes cove ring only— 
(a)performances recorded in a single recording, 
(b)performances recorded in more than one recording where— 
(i)the performers giving the performances are the same, or 
(ii)the recordings are made by, or by employees of or commissio ned by, a single individual, 
firm, company or group of companies. For purpose a group of com panies means a holding 
company and its subsidiaries within the meaning of section 736 of the Companies Act 1985. 
References and applications with respect to licensing schemes  
2.  Paragraphs 3 to 8 (references and applications with respect t o licensing schemes) apply 
to licensing schemes operated by licensing bodies in relation t o a performer’s property rights 
which cover the performances of more than one performer, so far  as they relate to licences 
for— 
(a)copying a recording of the whole or any substantial part of a qualifying performance, or (b)renting or lending copies of a recording to the public; 
and in those paragraphs “licensing scheme” means a licensing sc heme of any of those 
descriptions. 
Reference of proposed licensing scheme to tribunal  
3.—(1) The terms of a licensing scheme proposed to be operated by  a licensing body may 
be referred to the Copyright Tribunal by an organisation claimi ng to be representative of 
persons claiming that they require licences in cases of a descr iption to which the scheme would 
apply, either generally or in relation to any description of ca se. 
(2) The Tribunal shall first decide whether to entertain the re ference, and may decline to do 
so on the ground that the reference is premature. 
(3) If the Tribunal decides to entertain the reference it shall  consider the matter referred and 
make such order, either confirming or varying the proposed sche me, either generally or so far 
as it relates to cases of the description to which the referenc e relates, as the Tribunal may 
determine to be reasonable in the circumstances. 
(4) The order may be made so as to be in force indefinitely or for such period as the Tribunal 
may determine. 
Reference of licensing scheme to tribunal  
4.—(1) If while a licensing scheme is in operation a dispute aris es between the operator of 
the scheme and— 
(a)a person claiming that he requires a licence in a case of a description to which the scheme 
applies, or 
(b)an organisation claiming to be representative of such person s, 
that person or organisation may refer the scheme to the Copyrig ht Tribunal in so far as it relates 
to cases of that description. 
(2) A scheme which has been referred to the Tribunal under this  paragraph shall remain in 
operation until proceedings on the reference are concluded. 
(3) The Tribunal shall consider the matter in dispute and make such order, either confirming 
or varying the scheme so far as it relates to cases of the desc ription to which the reference 
relates, as the Tribunal may determine to be reasonable in the circumstances. 
(4) The order may be made so as to be in force indefinitely or for such period as the Tribunal 
may determine. 
Further reference of scheme to tribunal  5.—(1) Where the Copyright Tribunal has on a previous reference o f a licensing scheme 
under paragraph 3 or 4, or under this paragraph, made an order with respect to the scheme, 
then, while the order remains in force— 
(a)the operator of the scheme, 
(b)a person claiming that he requires a licence in a case of th e description to which the order 
applies, or 
(c)an organisation claiming to be representative of such person s, 
may refer the scheme again to the Tribunal so far as it relates  to cases of that description. 
(2) A licensing scheme shall not, except with the special leave  of the Tribunal, be referred 
again to the Tribunal in respect of the same description of cas es— 
(a)within twelve months from the date of the order on the previ ous reference, or 
(b)if the order was made so as to be in force for 15 months or less, until the last three months 
before the expiry of the order. 
(3) A scheme which has been referred to the Tribunal under this  paragraph shall remain in 
operation until proceedings on the reference are concluded. 
(4) The Tribunal shall consider the matter in dispute and make such order, either confirming, 
varying or further varying the scheme so far as it relates to c ases of the description to which 
the reference relates, as the Tribunal may determine to be reas onable in the circumstances. 
(5) The order may be made so as to be in force indefinitely or for such period as the Tribunal 
may determine. 
Application for grant of licence in connection with licensing scheme  
6.—(1) A person who claims, in a case covered by a licensing sche me, that the operator of 
the scheme has refused to grant him or procure the grant to him  of a licence in accordance with 
the scheme, or has failed to do so within a reasonable time aft er being asked, may apply to the 
Copyright Tribunal. 
(2) A person who claims, in a case excluded from a licensing sc heme, that the operator of 
the scheme either— 
(a)has refused to grant him a licence or procure the grant to h im of a licence, or has failed to 
do so within a reasonable time of being asked, and that in the circumstances it is 
unreasonable that a licence should not be granted, or 
(b)proposes terms for a licence which are unreasonable, 
may apply to the Copyright Tribunal. (3) A case shall be regarded as excluded from a licensing schem e for the purposes of sub-
paragraph (2) if— 
(a)the scheme provides for the grant of licences subject to ter ms excepting matters from the 
licence and the case falls within such an exception, or 
(b)the case is so similar to those in which licences are grante d under the scheme that it is 
unreasonable that it should not be dealt with in the same way. 
(4) If the Tribunal is satisfied that the claim is well-founded , it shall make an order declaring 
that, in respect of the matters specified in the order, the app licant is entitled to a licence on such 
terms as the Tribunal may determine to be applicable in accorda nce with the scheme or, as the 
case may be, to be reasonable in the circumstances. 
(5) The order may be made so as to be in force indefinitely or for such period as the Tribunal 
may determine. 
Application for review of order as to entitlement to licence  
7.—(1) Where the Copyright Tribunal has made an order under parag raph 6 that a person 
is entitled to a licence under a licensing scheme, the operator  of the scheme or the original 
applicant may apply to the Tribunal to review its order. 
(2) An application shall not be made, except with the special l eave of the Tribunal— 
(a)within twelve months from the date of the order, or of the d ecision on a previous application 
under this paragraph, or 
(b)if the order was made so as to be in force for 15 months or less, or as a result of the 
decision on a previous application under this paragraph is due to expire within 15 months of 
that decision, until the last three months before the expiry da te. 
(3) The Tribunal shall on an application for review confirm or vary its order as the Tribunal 
may determine to be reasonable having regard to the terms appli cable in accordance with the 
licensing scheme or, as the case may be, the circumstances of t he case. 
Effect of order of tribunal as to licensing scheme  
8.—(1) A licensing scheme which has been confirmed or varied by t he Copyright Tribunal— 
(a)under paragraph 3 (reference of terms of proposed scheme), o r 
(b)under paragraph 4 or 5 (reference of existing scheme to Trib unal), 
shall be in force or, as the case may be, remain in operation, so far as it relates to the description 
of case in respect of which the order was made, so long as the order remains in force. 
(2) While the order is in force a person who in a case of a cla ss to which the order applies— (a)pays to the operator of the scheme any charges payable under  the scheme in respect of a 
licence covering the case in question or, if the amount cannot be ascertained, gives an 
undertaking to the operator to pay them when ascertained, and 
(b)complies with the other terms applicable to such a licence u nder the scheme, 
shall be in the same position as regards infringement of perfor mers' property rights as if he had 
at all material times been the holder of a licence granted by t he rights owner in question in 
accordance with the scheme. 
(3) The Tribunal may direct that the order, so far as it varies  the amount of charges payable, 
has effect from a date before that on which it is made, but not  earlier than the date on which 
the reference was made or, if later, on which the scheme came i nto operation. 
If such a direction is made— 
(a)any necessary repayments, or further payments, shall be made  in respect of charges 
already paid, and 
(b)the reference in sub-paragraph (2)(a) to the charges payable  under the scheme shall be 
construed as a reference to the charges so payable by virtue of  the order. No such direction 
may be made where sub-paragraph (4) below applies. 
(4) An order of the Tribunal under paragraph 4 or 5 made with r espect to a scheme which is 
certified for any purpose under paragraph 16 has effect, so far  as it varies the scheme by 
reducing the charges payable for licences, from the date on whi ch the reference was made to 
the Tribunal. 
(5) Where the Tribunal has made an order under paragraph 6 (ord er as to entitlement to 
licence under licensing scheme) and the order remains in force,  the person in whose favour the 
order is made shall if he— 
(a)pays to the operator of the scheme any charges payable in ac cordance with the order or, if 
the amount cannot be ascertained, gives an undertaking to pay t he charges when 
ascertained, and 
(b)complies with the other terms specified in the order, 
be in the same position as regards infringement of performers' property rights as if he had at all 
material times been the holder of a licence granted by the righ ts owner in question on the terms 
specified in the order. 
References and applications with respect to licensing by licensing bodies  
9.  Paragraphs 10 to 13 (references and applications with respect  to licensing by licensing 
bodies) apply to licences relating to a performer’s property ri ghts which cover the performance of more than one performer granted by a licensing body otherwis e than in pursuance of a 
licensing scheme, so far as the licences authorise— 
(a)copying a recording of the whole or any substantial part of a qualifying performance, or 
(b)renting or lending copies of a recording to the public; 
and references in those paragraphs to a licence shall be constr ued accordingly. 
Reference to tribunal of proposed licence  
10.—(1) The terms on which a licensing body proposes to grant a li cence may be referred 
to the Copyright Tribunal by the prospective licensee. 
(2) The Tribunal shall first decide whether to entertain the re ference, and may decline to do 
so on the ground that the reference is premature. 
(3) If the Tribunal decides to entertain the reference it shall  consider the terms of the 
proposed licence and make such order, either confirming or vary ing the terms as it may 
determine to be reasonable in the circumstances. 
(4) The order may be made so as to be in force indefinitely or for such period as the Tribunal 
may determine. 
Reference to tribunal of expiring licence  
11.—(1) A licensee under a licence which is due to expire, by effl uxion of time or as a result 
of notice given by the licensing body, may apply to the Copyrig ht Tribunal on the ground that it 
is unreasonable in the circumstances that the licence should ce ase to be in force. 
(2) Such an application may not be made until the last three mo nths before the licence is 
due to expire. 
(3) A licence in respect of which a reference has been made to the Tribunal shall remain in 
operation until proceedings on the reference are concluded. 
(4) If the Tribunal finds the application well-founded, it shal l make an order declaring that the 
licensee shall continue to be entitled to the benefit of the li cence on such terms as the Tribunal 
may determine to be reasonable in the circumstances. 
(5) An order of the Tribunal under this paragraph may be made s o as to be in force 
indefinitely or for such period as the Tribunal may determine. 
Application for review of order as to licence  
12.—(1) Where the Copyright Tribunal has made an order under parag raph 10 or 11, the 
licensing body or the person entitled to the benefit of the ord er may apply to the Tribunal to 
review its order. (2) An application shall not be made, except with the special l eave of the Tribunal— 
(a)within twelve months from the date of the order or of the de cision on a previous application 
under this paragraph, or 
(b)if the order was made so as to be in force for 15 months or less, or as a result of the 
decision on a previous application under this paragraph is due to expire within 15 months of 
that decision, until the last three months before the expiry da te. 
(3) The Tribunal shall on an application for review confirm or vary its order as the Tribunal 
may determine to be reasonable in the circumstances. 
Effect of order of tribunal as to licence  
13.—(1) Where the Copyright Tribunal has made an order under parag raph 10 or 11 and the 
order remains in force, the person entitled to the benefit of t he order shall if he— 
(a)pays to the licensing body any charges payable in accordance  with the order or, if the 
amount cannot be ascertained, gives an undertaking to pay the c harges when ascertained, 
and 
(b)complies with the other terms specified in the order, 
be in the same position as regards infringement of performers' property rights as if he had at all 
material times been the holder of a licence granted by the righ ts owner in question on the terms 
specified in the order. 
(2) The benefit of the order may be assigned— 
(a)in the case of an order under paragraph 10, if assignment is  not prohibited under the terms 
of the Tribunal’s order; and 
(b)in the case of an order under paragraph 11, if assignment wa s not prohibited under the 
terms of the original licence. 
(3) The Tribunal may direct that an order under paragraph 10 or  11, or an order under 
paragraph 12 varying such an order, so far as it varies the amo unt of charges payable, has 
effect from a date before that on which it is made, but not ear lier than the date on which the 
reference or application was made or, if later, on which the li cence was granted or, as the case 
may be, was due to expire. 
If such a direction is made— 
(a)any necessary repayments, or further payments, shall be made  in respect of charges 
already paid, and (b)the reference in sub-paragraph (1)(a) to the charges payable  in accordance with the order 
shall be construed, where the order is varied by a later order,  as a reference to the charges so 
payable by virtue of the later order. 
General considerations: unreasonable discrimination  
14.—(1) In determining what is reasonable on a reference or applic ation under this Schedule 
relating to a licensing scheme or licence, the Copyright Tribun al shall have regard to— 
(a)the availability of other schemes, or the granting of other licences, to other persons in 
similar circumstances, and 
(b)the terms of those schemes or licences, 
and shall exercise its powers so as to secure that there is no unreasonable discrimination 
between licensees, or prospective licensees, under the scheme o r licence to which the 
reference or application relates and licensees under other sche mes operated by, or other 
licences granted by, the same person. 
(2) This does not affect the Tribunal’s general obligation in a ny case to have regard to all 
relevant circumstances. 
Application to settle royalty or other sum payable for lending  
15.—(1) An application to settle the royalty or other sum payable in pursuance of paragraph 
14A of Schedule 2 (lending of certain recordings) may be made t o the Copyright Tribunal by 
the owner of a performer’s property rights or the person claimi ng to be treated as licensed by 
him. 
(2) The Tribunal shall consider the matter and make such order as it may determine to be 
reasonable in the circumstances. 
(3) Either party may subsequently apply to the Tribunal to vary  the order, and the Tribunal 
shall consider the matter and make such order confirming or var ying the original order as it may 
determine to be reasonable in the circumstances. 
(4) An application under sub-paragraph (3) shall not, except wi th the special leave of the 
Tribunal, be made within twelve months from the date of the ori ginal order or of the order on a 
previous application under that sub-paragraph. 
(5) An order under sub-paragraph (3) has effect from the date o n which it is made or such 
later date as may be specified by the Tribunal. 
Certification of licensing schemes  16.—(1) A person operating or proposing to operate a licensing sch eme may apply to the 
Secretary of State to certify the scheme for the purposes of pa ragraph 14A of Schedule 2 
(lending of certain recordings). 
(2) The Secretary of State shall by order made by statutory ins trument certify the scheme if 
he is satisfied that it— 
(a)enables the works to which it relates to be identified with sufficient certainty by persons 
likely to require licences, and 
(b)sets out clearly the charges (if any) payable and the other terms on which licences will be 
granted. 
(3) The scheme shall be scheduled to the order and the certific ation shall come into operation 
for the purposes of paragraph 14A of Schedule 2— 
(a)on such date, not less than eight weeks after the order is m ade, as may be specified in the 
order, or 
(b)if the scheme is the subject of a reference under paragraph 3 (reference of proposed 
scheme), any later date on which the order of the Copyright Tri bunal under that paragraph 
comes into force or the reference is withdrawn. 
(4) A variation of the scheme is not effective unless a corresp onding amendment of the order 
is made; and the Secretary of State shall make such an amendmen t in the case of a variation 
ordered by the Copyright Tribunal on a reference under paragrap h 3, 4 or 5, and may do so in 
any other case if he thinks fit. 
(5) The order shall be revoked if the scheme ceases to be opera ted and may be revoked if 
it appears to the Secretary of State that it is no longer being  operated according to its terms. 
Powers exercisable in consequence of competition report  
17.—(1) Where the matters specified in a report of the Monopolies and Mergers Commission 
as being those which in the Commission’s opinion operate, may b e expected to operate or have 
operated against the public interest include— 
(a)conditions in licences granted by the owner of a performer’s  property rights restricting the 
use to which a recording may be put by the licensee or the righ t of the owner to grant other 
licences, or 
(b)a refusal of an owner of a performer’s property rights to gr ant licences on reasonable 
terms, 
the powers conferred by Part I of Schedule 8 to the Fair Tradin g Act 1973 (powers exercisable 
for purpose of remedying or preventing adverse effects specifie d in report of Commission) include power to cancel or modify those conditions and, instead  or in addition, to provide that 
licences in respect of the performer’s property rights shall be  available as of right. 
(2) The references in sections 56(2) and 73(2) of that Act, and  sections 10(2)(b) and 12(5) 
of the Competition Act 1980, to the powers specified in that Pa rt of that Schedule shall be 
construed accordingly. 
(3) A Minister shall only exercise the powers available by virt ue of this paragraph if he is 
satisfied that to do so does not contravene any Convention rela ting to performers' rights to 
which the United Kingdom is a party. 
(4) The terms of a licence available by virtue of this paragrap h shall, in default of agreement, 
be settled by the Copyright Tribunal on an application by the p erson requiring the licence; and 
terms so settled shall authorise the licensee to do everything in respect of which a licence is so 
available. 
(5) Where the terms of a licence are settled by the Tribunal, t he licence has effect from the 
date on which the application to the Tribunal was made.”. 
Performers' rights: power of Copyright Tribunal to give consent  
23.—(1) Section 190 (power of tribunal to give consent on behalf o f performer in certain cases) is amended 
as follows. 
(2) For subsection (1) substitute— 
“(1) The Copyright Tribunal may, on the application of a person  wishing to make a copy of a 
recording of a performance, give consent in a case where the id entity or whereabouts of the 
person entitled to the reproduction right cannot be ascertained  by reasonable inquiry.”. 
(3) In subsection (2) for “the performer” substitute “the perso n entitled to the reproduction right”. 
(4) Omit subsection (4). 
(5) In subsection (6)— 
(a)for “the performer” in the first place where it occurs subst itute “the person entitled to the reproduction 
right”, and 
(b)for “the performer” in the second place where it occurs subs titute “that person”. 
Performers' rights: jurisdiction of Copyright Tribunal 
24.—(1) After section 205A (inserted by regulation 22(1)) insert— 
“Jurisdiction of Copyright Tribunal  
Jurisdiction ofCopyright Tribunal. 
205B —(1) The Copyright Tribunal has jurisdiction under this Part to  hear and determine 
proceedings under— (a)section 182D (amount of equitable remuneration for exploitat ion 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 o f rental right); 
(d)paragraph 3, 4 or 5 of Schedule 2A (reference of licensing s cheme); 
(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 applic ation 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 o f licence available as of right). 
(2) The provisions of Chapter VIII of Part I (general provision s relating to the Copyright 
Tribunal) apply in relation to the Tribunal when exercising any  jurisdiction under this Part. 
(3) Provision shall be made by rules under section 150 prohibit ing 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 c laims to represent.”. 
(2) In section 149 (jurisdiction of the Tribunal)— 
(a)in the opening words for “The function of the Copyright Trib unal is” substitute “The Copyright Tribunal 
has jurisdiction under this Part”; 
(b)omit paragraphs (g) and (h). 
(3) In paragraph 5 of Schedule 6 (determination by Tribunal of royalty or other remuneration to be paid), 
after sub-paragraph (4) add— 
“(5) The provisions of Chapter VIII of Part I (general provisio ns relating to the Copyright 
Tribunal) apply in relation to the Tribunal when exercising any  jurisdiction under this 
paragraph.”. 
PART IIITRANSITIONAL PROVISIONS AND SAVINGS  
General provisions  
Introductory 
25.—(1) In this Part— 
“commencement” means the commencement of these Regulations; and  
“existing”, in relation to a work or performance, means made or  given before commencement. (2) For the purposes of this Part a work of which the making ex tended over a period shall be taken to have 
been made when its making was completed. 
(3) In this Part a “new right” means a right arising by virtue of these Regulations, in relation to a copyright 
work or a qualifying performance, to authorise or prohibit an a ct. 
The expression does not include— 
(a)a right corresponding to a right which existed immediately b efore commencement, or 
(b)a right to remuneration arising by virtue of these Regulatio ns. 
(4) Expressions used in this Part have the same meaning in rela tion to copyright as they have in Part I of 
the Copyright, Designs and Patents Act 1988( 16), and in relation to performances as in Part II of that Act. 
General rules 
26.—(1) Subject to anything in regulations 28 to 36 (special trans itional provisions and savings), these 
regulations apply to copyright works made, and to performances given, before or after commencement. 
(2) No act done before commencement shall be regarded as an inf ringement of any new right, or as giving 
rise to any right to remuneration arising by virtue of these Re gulations. 
Saving for certain existing agreements 
27.—(1) Except as otherwise expressly provided, nothing in these R egulations affects an agreement 
made before 19th November 1992. 
(2) No act done in pursuance of any such agreement after commen cement shall be regarded as an 
infringement of any new right. 
Special provisions  
Broadcasts 
28.  The provisions of— 
• regulation 5 (plac e where broadcast tr eated as made) and 
• regulation 6 (safeguards in rela tion to certain satellite broad casts), 
• have effect in relation to broad casts made after commencement. 
Satellite broadcasting: international co-production agreements 
29.—(1) This regulation applies to an agreement concluded before 1 st January 1995— 
(a)between two or more co-producers of a film, one of whom is a  national of an EEA state, and 
(b)the provisions of which grant to the parties exclusive right s to exploit all communication to the public of 
the film in separate geographical areas. 
(2) Where such an agreement giving such exclusive exploitation rights in relation to the United Kingdom 
does not expressly or by implication address satellite broadcas ting from the United Kingdom, the person to whom those exclusive rights have been granted shall not make an y such broadcast without the consent of 
any other party to the agreement whose language-related exploit ation rights would be adversely affected by 
that broadcast. 
New rights: exercise of rights  in relation to performances 
30.—(1) Any new right conferred by these Regulations in relation t o a qualifying performance is 
exercisable as from commencement by the performer or (if he has  died) by the person who immediately 
before commencement was entitled by virtue of section 192(2) to  exercise the rights conferred on the 
performer by Part II in relation to that performance. 
(2) Any remuneration or damages received by a person’s personal  representatives by virtue of a right 
conferred on them by paragraph (1) shall devolve as part of tha t person’s estate as if the right had subsisted 
and been vested in him immediately before his death. 
New rights: effect of pre-commencement authorisation of copying  
31.  Where before commencement— 
(a)the owner or prospective owner of copyright in a literary, d ramatic, musical or artistic work has 
authorised a person to make a copy of the work, or 
(b)the owner or prospective owner of performers' rights in a pe rformance has authorised a person to make 
a copy of a recording of the performance, any new right in rela tion to that copy shall vest on 
commencement in the person so authorised, subject to any agreem ent to the contrary. 
New rights: effect of pre-commencement film production agreemen t 
32.—(1) Sections 93A and 191F (presumption of transfer of rental r ight in case of production agreement) 
apply in relation to an agreement concluded before commencement . 
As section 93A so applies, the restriction in subsection (3) of  that section shall be omitted (exclusion of 
presumption in relation to screenplay, dialogue or music specif ically created for the film). 
(2) Sections 93B and 191G (right to equitable remuneration wher e rental right transferred) have effect 
accordingly, but subject to regulation 33 (right to equitable r emuneration applicable to rental after 1st April 
1997). 
Right to equitable remuneration applicable to rental after 1st April 1997 
33.  No right to equitable remuneration under section 93B or 191G (right to equitable remuneration where 
rental right transferred) arises— 
(a)in respect of any rental of a sound recording or film before  1st April 1997, or 
(b)in respect of any rental after that date of a sound recordin g or film made in pursuance of an agreement 
entered into before 1st July 1994, unless the author or perform er (or a successor in title of his) has before 
1st January 1997 notified the person by whom the remuneration w ould be payable that he intends to 
exercise that right. Savings for existing stocks 
34.—(1) Any new right in relation to a copyright work does not app ly to a copy of the work acquired by a 
person before commencement for the purpose of renting or lendin g it to the public. 
(2) Any new right in relation to a qualifying performance does not apply to a copy of a recording of the 
performance acquired by a person before commencement for the pu rpose of renting or lending it to the public 
. 
Lending of copies by libraries or archives 
35.  Until the making of regulations under section 37 of the Copyr ight, Designs and Patents Act 1988( 17) 
for the purposes of section 40A(2) of that Act (lending of copi es by libraries or archives), the reference in 
section 40A(2) (and in paragraph 6B of Schedule 2) to a prescri bed library or archive shall be construed as 
a reference to any library or archive in the United Kingdom pre scribed by paragraphs 2 to 6 of Part A of 
Schedule 1 to the Copyright (Librarians and Archivists) (Copyin g of Copyright Material) Regulations 1989( 18). 
Authorship of films 
36.—(1) Regulation 18 (authorship of films) applies as from commen cement in relation to films made on 
or after 1st July 1994. 
(2) It is not an infringement of any right which the principal director has by virtue of these Regulations to 
do anything after commencement in pursuance of arrangements for  the exploitation of the film made before 
19th November 1992. 
This does not affect any right of his to equitable remuneration  under section 93B. 
Ian Taylor, 
Parliamentary Under-Secretary o f State for Science and Technolo gy, 
Department of Trade and Industry 
26th November 1996 
EXPLANATORY NOTE 
(This note is not part of the Regulations) 
These Regulations implement the provisions of Council Directive  No. 92/100/EEC  of 19 November 1992 (O.J. 
No. L346, 27.11.92, page 61) on rental right and lending right and on certain rights related to copyright in the 
field of intellectual property (“the Rental Directive”) and of Council Directive No. 93/83/EEC  of 27 September 
1993 (O.J. No. L248, 6.10.93, page 15) on the co-ordination of certain rules concerning copyright and rights 
related to copyright applicable to satellite broadcasting and c able re-transmission (“the Satellite and Cable 
Directive”). They also implement certain provisions of Council Directive No. 93/98/EEC  (O.J. No. L290, 
24.11.93, p. 9) (“the Duration Directive”) harmonising the term  of protection of copyright and certain related 
rights. The Regulations come into force on 1st December 1996. 
The Rental Directive requires in particular: that exclusive ren tal and lending rights (which are defined in the 
Directive) are granted to authors in respect of all literary, m usical and dramatic works and most artistic works; that similar rights are granted to performers in respect of rec ordings of their performances; and that authors 
and performers who transfer or are presumed to transfer their e xclusive rental rights in sound recordings and 
films to producers of these works, nevertheless retain a right to equitable remuneration for rental of the sound 
recording or film. However, the Directive permits derogations t o be made in respect of the grant of exclusive 
lending rights, provided that at least authors are remunerated in respect of lending. The Directive further 
requires that performers, in addition to producers, are remuner ated for broadcasting or other communication 
to the public of commercially published sound recordings of the ir performances, and that they are also 
granted exclusive rights in respect of distribution of recordin gs of their performances. 
The Satellite and Cable Directive harmonises the application of  national copyright laws to satellite broadcasts. 
Since a satellite broadcast may be received in more than one Me mber State of the European Economic Area, 
the Directive contains provisions which determine the applicabl e law in respect of a broadcast. It also contains 
provisions requiring the cable re-transmission rights of person s other than broadcasting organisations to be 
exercised collectively only through a licensing body. 
Most of the provisions of the Duration Directive were implement ed by the Duration of Copyright and Rights 
in Performances Regulations 1995 (S.I. 1995/3297 ). However, the Duration Directive also requires a new 25 
year protection (called “publication right” in the Regulations)  for works in which copyright has expired but 
which have never before been published; it also maintains and b roadens provisions in the Rental Directive 
and in the Satellite and Cable Directive requiring principal di rectors of films to be treated for copyright 
purposes as authors of those works. 
The Copyright, Designs and Patents Act 1988 (“the Act”) already  grants some of the rights required by the 
Directives. These regulations amend and extend the Act insofar as its provisions do not conform to or comply 
with them. 
In particular, the Regulations— 
(a)determine in the European Economic Area the applicable law i n relation to broadcasts (regulations 5 and 
6); 
(b)provide that where the provider of a cable programme service  merely receives and immediately re-
transmits a broadcast made from another EEA State, the owner of  the transmission right in any copyright 
work included in the broadcast must exercise that right against  the service provider through a licensing 
body except where the owner of that right is a broadcasting org anisation (regulation 7); 
(c)modify an existing exclusive right to issue copies of a work  to the public, in particular so as to provide an 
exclusive right of first distribution within the European Econo mic Area of copies which is not exhausted by 
the previous distribution of those copies outside that area (re gulation 9); 
(d)extend rental and lending rights to all literary, musical an d dramatic works and most artistic works 
(regulation 10); (e)except from lending right the lending by any public library of works subject to the public lending right 
scheme and any lending by educational establishments and certai n other libraries and archives (regulation 
11); 
(f)modify an existing power of the Secretary of State to enable  him to make orders that the lending of 
copies of certain copyright works be treated as licensed subjec t to the payment of royalties (regulation 11); 
(g)provide that where a contract is concluded between an author  and a film producer, any exclusive rental 
right in the film of which the author is or would be owner, is presumed to be transferred to the producer 
unless the contract provides to the contrary (regulation 12); 
(h)provide that in any case in which an author has transferred or is presumed to have transferred his 
exclusive rental right in a film or a sound recording to the pr oducer thereof, that right is replaced by an 
unwaivable right to equitable remuneration in respect of any re ntal of the films or sound recordings 
(regulation 14); 
(i)provide modified and new definitions (as the case may be) in  respect of wireless telegraphy, copies, 
rental and lending (regulations 8, 9 and 10); 
(j)create a new “publication right” in respect of works which, although protected by copyright at some time 
in the past, are out of copyright and have never previously bee n made available to the public; this right 
expires at the end of the period of 25 years from the end of th e year in which the work is first published; the 
work must be first published in the European Economic Area for the right to arise; the right entitles its 
owner to exclusive rights similar to those granted by copyright  but no moral rights attach to it (regulations 
16 and 17); 
(k)amend section 9 of the Act to make the principal director of  a film an author of it for copyright purposes 
in addition to the current author, the producer (regulation 18) ; 
(l)make an amendment to section 11 of the Act, consequential up on making the principal director of a film 
an author of it, providing that where the director is an employ ee, his employer is the first owner of the 
copyright, as in the case of other employed authors (regulation  18); 
(m)clarify the application of regulations 15, 16 and 19 of the Duration of Copyright and Rights in 
Performances Regulations 1995 in relation to pre-1989 photograp hs (regulation 19); 
(n)transform an existing statutory right requiring the consent of a performer to the making of copies of a 
recording of a performance of his, into a new performer’s prope rty right, transmissible as personal or 
moveable property, and introduce new property rights for a perf ormer requiring his consent to the issue to 
the public and the rental and lending of copies of recordings o f his performance corresponding to the rights 
granted to an author under regulations 9 and 10 (regulation 20) ; 
(o)give a performer a right to equitable remuneration in respec t of the inclusion in a broadcast or cable 
programme service or the playing in public of a commercially pu blished sound recording of a performance 
of his (regulation 20); (p)except from any lending right, lending by educational establ ishments and certain libraries and archives, 
and modify an existing power of the Secretary of State to enabl e him to make orders that the lending of 
copies of films or sound recordings is to be treated as license d subject to the payment of royalties 
(regulation 20(3)); 
(q)make provision for dealings, rights and remedies in respect of the new performer’s property rights 
(regulation 21); 
(r)provide that where a contract is concluded between a perform er and a film producer, any exclusive rental 
right in the film of which the performer is the owner is presum ed to be transferred to the producer, unless 
the contract provides to the contrary (regulation 21); 
(s)provide that in any case in which a performer has transferre d or is presumed to have transferred his 
exclusive rental right in a film or a sound recording to the pr oducer thereof, that right is replaced by an 
unwaivable right to equitable remuneration in respect of any re ntal of the film or the sound recording 
(regulation 21); 
(t)make provision for licensing schemes and licensing bodies in  respect of performer’s property rights 
similar to those which exist in respect of copyright (regulatio n 22); 
(u)in respect of both copyright and performer’s rights, make co nsequential modifications to existing 
provisions in respect of the jurisdiction of the Copyright Trib unal (regulations 14 and 24). 
The Regulations come into force on 1st December 1996 and in Par t III— 
(a)subject as expressly provided in the special transitional pr ovisions and savings (regulations 28 to 36), 
make provision for and apply to works made and performances giv en before that date; except as expressly 
provided, nothing in the Regulations affects any agreement ente red into before 19th November 1992 (the 
date of the adoption by the EC Council of the Rental Directive) ; acts done before 1st December 1996 do 
not infringe any new right arising under the Regulations nor do  they give rise to any remuneration arising by 
virtue of these regulations, and acts done after 1st December 1 996 in pursuance of an agreement made 
before 19th November 1992, do not infringe any new right arisin g under the Regulations (regulations 25, 26 
and 27); 
(b)have effect in relation to broadcasts made after 1st Decembe r 1996 and make provision in respect of 
language-related satellite broadcasting exploitation rights in international co-production agreements made 
before 1st January 1995 (regulations 28 and 29); 
(c)ensure that the new rights in relation to a performance conf erred by these Regulations are exercisable 
by the performer from 1st December 1996 (regulation 30); 
(d)where before 1st December 1996 the owner of the copyright in  a literary, dramatic, musical, or artistic 
work or the owner of performer’s rights in a performance, autho rises a person to make a copy of the work 
or a copy of a recording of the performance, subject to any agr eement to the contrary, any new rights in the 
copies made vest on 1st December 1996 in the person so authoris ed (regulation 31); (e)ensure that the presumption of transfer of rental rights by an author or performer applies to agreements 
concluded before 1st December 1996 subject to the right to equi table remuneration and the transitional 
provisions relating thereto (regulation 32); 
(f)limit the right to equitable remuneration to the rental afte r 1st April 1997 of films and sound recordings but 
provide also that where the rental after that date is in pursua nce of an agreement made before 1st July 
1994, the right arises only if the author or performer gives no tice before 1st January 1997 of his intention to 
exercise that right (regulation 33); 
(g)provide that the new rights under the Regulations do not app ly to existing copies of literary, dramatic, 
musical or artistic works, films or sound recordings or copies of recordings of a performance which have 
been acquired before commencement for the purpose of renting or  lending to the public (regulation 34); 
(h)make the principal director of a film an author of it from 1 st December 1996 in respect of a film made on 
or after 1st July 1994. However, it is not to be an infringemen t of any new right acquired by a principal 
director under the Regulations to do anything after 1st Decembe r 1996 in pursuance of arrangements for 
the exploitation of the film made prior to 19th November 1992 ( regulation 36). 
(1) 
S.I. 1993/595 . 
(2) 
1972 c. 68 ; by virtue of the amendment of se ction 1(2) of that Act by sec tion 1 of the European Economic Area 
Act 1993 (c. 51)  regulations may be made under section 2(2) to implement obliga tions of the United Kingdom 
arising under the EEA Agreement. 
(3) 
Cm 2073. 
(4) 
Cm 2183. 
(5) 
O.J. No. L346, 27.11.92, p. 61. 
(6) 
O.J. No. L248, 6.10.93, p. 15. 
(7) 
O.J. No. L290, 24.11.93, p. 9. 
(8) 
S.I. 1995/3297 . 
(9) 
1988 c. 48 . 
(10) 
1955 c. 27 . 
(11) 
1964 c. 75 . (12) 
S.I. 1986/594 (N.I.3) . 
(13) 
1988 c. 48 . 
(14) 
1978 c. 30 . 
(15) 
S.I. 1995/3297 . 
(16) 
1988 c. 48 . 
(17) 
1988 c. 48 . 
(18) 
S.I. 1989/1212 .