Copyright, Designs and Patents Act 1988, section 191A

Performers’ property rights

Part II Rights in performances

(1)The following rights conferred by [F537 this ChapterF537] on a performer—

are property rights (“F539 . . . performer’s property rights”).

(2)References in [F537 this ChapterF537] to the consent of the performer shall 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 partial assignment or otherwise) entitled to different aspects of a performer’s property rights in relation to a performance, the rights owner for any purpose of [F537 this ChapterF537] is the 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 [F537 this ChapterF537] 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.F536]

Definitions used in section 191A 6

reproduction right

(3) The right of a performer under this section to authorise or prohibit the making of such copies is referred to in this Chapter as “reproduction right”.

Defined in s.182A(3) · see it in the full Act
distribution right

(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 Chapter as “distribution right”.

Defined in s.182B(5) · see it in the full Act
rental

(a) “rental” means making a copy of a recording available for use, on terms that it will or may be returned, for direct or indirect economic or commercial advantage, and

Defined in s.182C(2) · see it in the full Act
lending

(b) “lending” means making a copy of a recording available for use, 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.

Defined in s.182C(2) · see it in the full Act
making available right

(2)The right of a performer under this section to authorise or prohibit the making available to the public of a recording is referred to in this Chapter as “making available right.

Defined in s.182CA(2) · see it in the full Act
performance

(2) In this Part — “performance” means —

(a)a dramatic performance (which includes dance and mime),

(b)a musical performance,

(c)a reading or recitation of a literary work, or

(d)a performance of a variety act or any similar presentation,

Defined in s.180(2) · see it in the full Act

Cases considering section 191A 3

Experience Hendrix LLC v Purple Haze Records Ltd & Anor

[2005] EWHC 249 (Ch) · 24 February 2005Interprets

Interprets joint ownership as concerning rights in a single performer’s performances. It does not make rights arising from a group performance incapable of existing separately for each individual performer.

Heythrop Zoological Gardens Ltd (t/a Amazing Animals) & Anor v Captive Animals Protection Society

[2016] EWHC 1370 (Ch) · 20 May 2016Defines

The court referred to performers’ property rights to distinguish them from non-property performers’ rights. It considered both categories capable of protection under Article 1 of Protocol 1 (see para [57]).

Quick Draw LP v Global Live Events LLP & Ors

[2012] EWHC 2105 (Ch) · 30 July 2012

Considers the statutory framework governing performers’ property rights in the analysis of whether those rights passed to GLE (see para [215]).

What each judgment says about section 191A is in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F536Ss. 191A-191M inserted (1.12.1996) by S.I. 1996/2967, reg. 21(1) (with Pt. III)
  2. F537Words in s. 191A(1)-(4) substituted (1.2.2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 2, Sch. para. 8 (with reg. 8)
  3. F538Words in s. 191A(1) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 7(3) (with regs. 31-40)
  4. F539Word in s. 191A(1) omitted by virtue of The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 2, Sch. para. 4 (with reg. 8)

Editorial

  1. X22The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.