STATUTORY INSTRUMENTS 
2010 No. 2694 
INTELLECTUAL PROPERTY 
COPYRIGHT 
RIGHTS IN PERFORMANCES 
The Copyright, Designs and Patents Act 1988 (Amendment) 
Regulations 2010 
Made  - - - - 4th November 2010 
Laid before Parliament  8th November 2010 
Coming into force  - - 1st January 2011 
The Secretary of State, being a Minister designat ed for the purposes of section 2(2) of the 
European Communities Act 1972( a), in relation to measures relating to copyright and to rights in 
performances( b), in exercise of the powers conferred on him by that section, hereby makes the 
following Regulations: 
Citation and commencement 
1. These Regulations may be cited as the Copyright, Designs and Patents Act 1988 
(Amendment) Regulations 2010 and come into force on 1st January 2011. 
Interpretation 
2. In these Regulations “the Act” means th e Copyright, Designs and Patents Act 1988( c). 
Playing of sound recordings for purposes of club, society, etc. 
3.—(1) Section 67( d) of the Act is omitted. 
(2) Paragraph 15 of Schedule 2( e) to the Act is omitted 
Free public showing or playing of broadcast 
4.—(1) In section 72(1B)( f) of the Act, paragraph (a) is omitted. 
                                                                                                                                            
(a) 1972 c.68. 
(b) S.I.1992/707 and  S.I.1993/595. 
(c) 1988 c. 48. 
(d) Section 67(2) was amended by the Copyright and Related Rights Regulations 2003 (SI. 2003/2498), regulations 3 and 
18(1). 
(e) Paragraph 15 was amended by regulations 3 and 18(2) of S.I. 2003/2498. 
(f) Subsection (1B) was inserted by regulations 3 and 21(1)(b) of S.I.2003/2498.  
 2(2) In sub-paragraph (1A)( a) of paragraph 18 of Schedule 2 to the Act, paragraph (a) is omitted. 
Amendments to section 107 
5. In section 107(5) of the Act, for the word “six” substitute “three”. 
Notification of licence or licensing scheme and references to the Tribunal by the Secretary of 
State 
6. Section 128A( b) and section 128B( c) of the Act are omitted. 
 
 
 
 Wilcox 
 Parliamentary Secretary for Business, Innovation and Skills 
4th November 2010 Department for Business, Innovation and Skills 
                                                                                                                                            
(a) Sub-paragraph (1A) was inserted by regulations 3 and 21(2)(b) of S.I. 2003/2498. 
(b) Section 128A was inserted into the Act by regulations 3 and 21(3) of S.I. 2003/2498. 
(c) Section 128B was inserted into the Act by regulations 3 and 21(3) of S.I. 2003/2498.  
 3EXPLANATORY NOTE 
(This note is not part  of the Regulations) 
These Regulations amend the Copyright, Designs and Patents Act 1988 (“the Act”). 
Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on 
rental right and lending right  and on certain rights related to copyri ght in the field of intellectual 
property (codified version) (OJ L376, 27.12.2006, p 28) (“the Rental and Lending Directive”) sets 
out in Article 8(2) that member states shall provid e a right in order to ensure that a single equitable 
remuneration is paid by the user, if a phonogram published for commercial purposes, or a 
reproduction of such a phonogram, is used for broadcasting by wireless means or for any 
communication to the public. These Regulati ons further implement Article 8(2) by amending 
sections in Part 1 of the Act and equivalent provisions for performers in Schedule 2 to the Act. 
Regulation 3 
Section 67 of the Act provides that it is not an infringement of copyright in a sound recording to 
play it as part of the activities of, or for the benefit of a club, society or other organisation if 
conditions in the section are met (which incl ude that the organisation is not established or 
conducted for profit). Regulation 3(1) repeals sec tion 67 and regulation 3(2) removes the 
equivalent exception in rel ation to performers’ rights. 
Regulation 4 
Section 72(1B)(a) of the Act provides that the showi ng or playing in public of a broadcast to an 
audience who have not paid for admission to the place where the broadcast is to be seen or heard 
does not infringe any copyright in an “excepted s ound recording” (as defined in section 72(1A)) if 
the playing or showing of that broadcast in public  forms part of the activities of an organisation 
that is not established or conducted for profit. Regulation 4(1) repeals section 72(1B)(a) and 
regulation 4(2) removes the equivalent exception in relation to performers’ rights. 
Regulation 5 
Regulation 5 reduces the maximum penalty that can be imposed by way of imprisonment for an 
offence to which section 107(5) of the Act applies from six months to three months.  
Regulation 6 
Section 128A provides that a licensing body must  notify any licence or licensing scheme to the 
Secretary of State if that licence or scheme will authorise the playing in public of excepted sound 
recordings, as defined in section 72(1A) of the Act, included in broadcasts. The Secretary of State 
has powers to refer the licence or scheme to the Cop yright Tribunal for a determination of whether 
the licence or scheme is reasonable in the circumstances. Section 128B applies to a reference 
made under section 128A. Regulation 5 repeals section 128A and section 128B. 
A full impact assessment of the effect that this instru ment will have on the costs of business and 
the voluntary sector is available at http://www.ipo.gov.uk/govresponse-musiclicensing.pdf  and is 
annexed to the Explanatory Memorandum which is av ailable alongside the instrument on the OPSI 
website. A transposition note is also annexe d to the Explanatory Memorandum. 
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E8360 11/2010 108360T 19585 STATUTORY INSTRUMENTS 
2010 No. 2694 
INTELLECTUAL PROPERTY 
COPYRIGHT 
RIGHTS IN PERFORMANCES 
The Copyright, Designs and Patents Act 1988 (Amendment) 
Regulations 2010