Copyright, Designs and Patents Act 1988, section 206

Qualifying countries, individuals and persons

Part II Rights in performances

(1)In this Part—

  • “qualifying country” means—

(a)the United Kingdom,

F630(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F631 (ba)the Channel Islands, the Isle of Man or Gibraltar,F631] or

[F632 (bb)a country which is a party to the Rome Convention,F632] or

(c)to the extent that an Order under section 208 so provides, a country designated under that section as enjoying reciprocal protection;

  • “qualifying individual” means a citizen or subject of, or an individual resident in, a qualifying country; and

  • “qualifying person” means a qualifying individual or a body corporate or other body having legal personality which—

(a)is formed under the law of a part of the United Kingdom or another qualifying country, and

(b)has in any qualifying country a place of business at which substantial business activity is carried on.

(2) The reference in the definition of “qualifying individual” to a person’s being a citizen or subject of a qualifying country shall be construed—

(a)in relation to the United Kingdom, as a reference to his being a British citizen, and

(b)in relation to a colony of the United Kingdom, as a reference to his being a British Dependent Territories’ citizen by connection with that colony.

(3) In determining for the purpose of the definition of “qualifying person” whether substantial business activity is carried on at a place of business in any country, no account shall be taken of dealings in goods which are at all material times outside that country.

[F633 (4)Her Majesty may by Order in Council—

[F634 (za) make provision for the application of this Part to a country by virtue of paragraph (a) or (ba) of the definition of “qualifying country” in subsection (1) to be subject to specified restrictions, but those restrictions may only relate to rights which would otherwise apply as a result of—

(i)a performance being a qualifying performance because it meets Condition C or Condition D in section 181, and

(ii)that condition being met by way of a connection to such a country;F634]

(a) make provision for the application of this Part to a country by virtue of paragraph (bb) or (c) of the definition of “qualifying country” in subsection (1) to be subject to specified restrictions;

(b) amend the definition of “qualifying country” in subsection (1) so as to add a country which is not a party to the Rome Convention;

(c)make provision for the application of this Part to a country added under paragraph (b) to be subject to specified restrictions.

(5)A statutory instrument containing an Order in Council under this section is subject to annulment in pursuance of a resolution of either House of Parliament.F633]

[F635 (6) In this section, “the Rome Convention” means the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations done at Rome on 26 October 1961. F635]

Definitions used in section 206 3

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
qualifying performance

(1)A performance is a qualifying performance for the purposes of this Part if it meets any of Conditions A to D.

Defined in s.181(1) · see it in the full Act
producer

(7) In subsection (4) (a) , the “producer” of a sound recording means the person who undertakes the arrangements necessary for the making of the sound recording.

Defined in s.181(7) · see it in the full Act

Cases considering section 206 3

Experience Hendrix LLC v Purple Haze Records Ltd & Ors

[2007] EWCA Civ 501 · 24 May 2007Interprets

The definitions of qualifying country and qualifying individual operate by reference to the date of alleged infringement. They do not require the country or individual to have qualified when the performance occurred. (see paras [55]-[64]; [76]-[78])

The American Federation of Musicians of the United States and Canada & Ors, R (on the application of) v The Secretary of State for Science and Technology

[2026] EWHC 91 (Admin) · 21 January 2026Defines

Section 206(1) defines qualifying country for Part 2, including Rome Convention and designated reciprocal-protection countries. The provision formed part of the statutory scheme that Parliament deliberately qualified through later delegated legislation. (see paras [41]-[42]) Section 206(4), as amended, permits Orders in Council to impose specified restrictions on rights arising from Conditions C and D in section 181. This expressly authorised the restrictions made by the 2024 Order. (see paras [50]; [132]-[136])

Experience Hendrix LLC v Purple Haze Records Ltd & Anor

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

Interprets the definitions of qualifying country and qualifying individual without imposing a temporal restriction tied to the date when a country became qualifying. That construction made the Stockholm performances qualifying performances.

What each judgment says about section 206 is in the case-law panel in the full Act.

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F630S. 206(1)(b) omitted (31.12.2020) by virtue of The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 22 (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
  2. F631Words in s. 206(1) inserted (1.12.2016 for specified purposes, 6.4.2017 in so far as not already in force) by Intellectual Property Act 2014 (c. 18), ss. 22(5)(b), 24(1); S.I. 2016/1139, arts. 2, 3 (with art. 4)
  3. F632Words in s. 206(1) inserted (1.12.2016 for specified purposes, 6.4.2017 in so far as not already in force) by Intellectual Property Act 2014 (c. 18), ss. 22(5)(c), 24(1); S.I. 2016/1139, arts. 2, 3 (with art. 4)
  4. F633S. 206(4)(5) inserted (1.12.2016 for specified purposes, 6.4.2017 in so far as not already in force) by Intellectual Property Act 2014 (c. 18), ss. 22(6), 24(1); S.I. 2016/1139, arts. 2, 3 (with art. 4)
  5. F634S. 206(4)(za) inserted (20.3.2024) by Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 (c. 6), ss. 5(3), 7(2)(c) (with s. 5(7))
  6. F635S. 206(6) inserted (1.12.2016 for specified purposes, 6.4.2017 in so far as not already in force) by Intellectual Property Act 2014 (c. 18), ss. 22(7), 24(1); S.I. 2016/1139, arts. 2, 3 (with art. 4)

Editorial

  1. X64The 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.