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207 Countries to which this Part extends

This Part extends to England and Wales, Scotland and Northern Ireland.

208 Countries enjoying reciprocal protection

(1) Her Majesty may by Order in Council designate as enjoying reciprocal protection under this Part—

(a) a Convention country, or

(b) a country as to which Her Majesty is satisfied that provision has been or will be made under its law giving adequate protection for British performances.

(2) A “Convention country” means a country which is a party to a Convention relating to performers' rights to which the United Kingdom is also a party.

(3) A “British performance” means a performance—

(a) given by an individual who is a British citizen or resident in the United Kingdom, or

(b) taking place in the United Kingdom.

(4) If the law of that country provides adequate protection only for certain descriptions of performance, an Order under subsection (1)(b) designating that country shall contain provision limiting to a corresponding extent the protection afforded by this Part in relation to performances connected with that country.

(5) The power conferred by subsection (1)(b) is exercisable in relation to any of the Channel Islands, the Isle of Man or any colony of the United Kingdom, as in relation to a foreign country.

(6) A statutory instrument containing an Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

209 Territorial waters and the continental shelf

(1) For the purposes of this Part the territorial waters of the United Kingdom shall be treated as part of the United Kingdom.

(2) This Part applies to things done in the United Kingdom sector of the continental shelf on a structure or vessel which is present there for purposes directly connected with the exploration of the sea bed or subsoil or the exploitation of their natural resources as it applies to things done in the United Kingdom.

(3) The United Kingdom sector of the continental shelf means the areas designated by order under section 1(7) of the [1964 c. 29.] Continental Shelf Act 1964.

210 British ships, aircraft and hovercraft

(1) This Part applies to things done on a British ship, aircraft or hovercraft as it applies to things done in the United Kingdom.

(2) In this section—

  • “British ship” means a ship which is a British ship for the purposes of the Merchant Shipping Acts (see section 2 of the [1988 c. 12.] Merchant Shipping Act 1988) otherwise than by virtue of registration in a country outside the United Kingdom; and

  • “British aircraft” and “British hovercraft” mean an aircraft or hovercraft registered in the United Kingdom.

Interpretation

211 Expressions having same meaning as in copyright provisions

(1) The following expressions have the same meaning in this Part as in Part I (copyright)—

  • broadcast,

  • business,

  • cable programme,

  • cable programme service,

  • country,

  • defendant (in Scotland),

  • delivery up (in Scotland),

  • film,

  • literary work,

  • published, and

  • sound recording.

(2) The provisions of section 6(3) to (5), section 7(5) and 19(4) (supplementary provisions relating to broadcasting and cable programme services) apply for the purposes of this Part, and in relation to an infringement of the rights conferred by this Part, as they apply for the purposes of Part I and in relation to an infringement of copyright.

212 Index of defined expressions

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used only in the same section)—

broadcast (and related expressions) section 211 (and section 6)
business section 211(1) (and section 178)
cable programme, cable programme service (and related expressions) section 211 (and section 7)
country section 211(1) (and section 178)
defendant (in Scotland) section 211(1) (and section 177)
delivery up (in Scotland) section 211(1) (and section 177)
exclusive recording contract section 185(1)
film section 211(1) (and section 5)
illicit recording section 197
literary work section 211(1) (and section 3(1))
performance section 180(2)
published section 211(1) (and section 175)
qualifying country section 206(1)
qualifying individual section 206(1) and (2)
qualifying performance section 181
qualifying person section 206(1) and (3)
recording (of a performance) section 180(2)
recording rights (person having) section 185(2) and (3)
sound recording section 211(1) (and section 5).