Part 2 Performers' Rights

Part 2 Performers' Rights

2

Schedule 2A to the Copyright, Designs and Patents Act 1988 (licensing of performers' property rights) is amended as follows.

3

In the heading of the Schedule omit “propertyâ€.

4

In paragraph 1, after sub-paragraph (4) insert—

“(5)     Schedule A1 confers powers to provide for the regulation of licensing bodies.â€

5

After paragraph 1 insert—

“Power to provide for licensing of orphan rights

1A

(1)     The Secretary of State may by regulations provide for the grant of licences to do, or authorise the doing of, acts to which section 182, 182A, 182B, 182C, 182CA, 183 or 184 applies in respect of a performance, where—

(a)     the performer's consent would otherwise be required under that section, but

(b)     the right to authorise or prohibit the act qualifies as an orphan right under the regulations.

(2)     The regulations may—

(a)     specify a person or a description of persons authorised to grant licences, or

(b)     provide for a person designated in the regulations to specify a person or a description of persons authorised to grant licences.

(3)     The regulations must provide that, for a right to qualify

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