Performers Protection Act 1996

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AT 12 of 1996

PERFORMERS PROTECTION ACT 1996

Performers Protection Act 1996 Index


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c i e
PERFORMERS PROTECTION ACT 1996

Index Section Page

Introductory 7

1 Rights conferred on performers and persons having recording rights................... 7
Performers’ rights 8

2 Qualifying performances ............................................................................................... 8
3 Consent required for recording, etc of live performance .......................................... 8
3A Consent required for copying of recording ................................................................ 9
3B Consent required for issue of copies to public ........................................................... 9
3C Consent required for rental of copies to public ........................................................ 10
3D Consent required for making available to the public .............................................. 10
3E Right to equitable remuneration for exploitation of sound recording .................. 11
4 Infringement of performer’s rights by use of recording made without
consent ............................................................................................................................ 12
5 Infringement of performer’s rights by importing, possessing or dealing
with illicit recording ..................................................................................................... 12
Rights of person having recording rights 12

6 Exclusive recording contracts and persons having recording rights .................... 12
7 Consent required for recording of performance subject to exclusive
contract ........................................................................................................................... 13
8 Infringement of recording rights by use of recording made without
consent ............................................................................................................................ 13
9 Infringement of recording rights by importing, possessing or dealing with
illicit recording .............................................................................................................. 14
Exceptions to rights conferred 14

10 Acts permitted notwithstanding rights conferred by this Act ............................... 14
Right to equitable remuneration 15

10A Right to equitable remuneration for exploitation of sound recording .................. 15
11 Power of tribunal to give consent on behalf of performer in certain cases .......... 15
Duration of rights 16

12 Duration of rights ......................................................................................................... 16
12A Performers’ property rights ......................................................................................... 17
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12B Assignment and licences ............................................................................................. 17
12C Prospective ownership of a performer’s property rights ....................................... 18
12D Exclusive licences ......................................................................................................... 18
12E Performer’s property right to pass under will with unpublished original
recording ........................................................................................................................ 19
12F Presumption of transfer of rental right in case of film production
agreement ...................................................................................................................... 19
12G Right to equitable remuneration where rental right transferred ........................... 19
12H Equitable remuneration: reference of amount to Tribunal ..................................... 20
12I Infringement actionable by rights owner ................................................................. 20
12J Provisions as to damages in infringement action .................................................... 21
12K Rights and remedies for exclusive licensee .............................................................. 21
12L Exercise of concurrent rights ...................................................................................... 21
13 Performers’ non-property rights ................................................................................ 22
13A Transmissibility of rights of person having recording rights ................................ 23
14 Consent .......................................................................................................................... 23
Action for infringement 23

15 Infringement actionable as breach of statutory duty .............................................. 23
Delivery up or seizure of illicit recordings 24

16 Order for delivery up ................................................................................................... 24
17 Right to seize illicit recordings ................................................................................... 25
18 Meaning of “illicit recording”..................................................................................... 25
18A Presumptions relevant to recordings of performances ........................................... 26
Offences 26

19 Criminal liability for making, dealing with or using illicit recordings ................ 26
20 Enforcement of s 19 ...................................................................................................... 28
21 Order for delivery up in criminal proceedings ........................................................ 28
22 Search warrants ............................................................................................................ 29
23 False representation of authority to give consent .................................................... 29
24 Offence by body corporate: liability of officers ........................................................ 30
Delivery up and seizure: supplemental 30

25 Period after which remedy of delivery up not available ........................................ 30
26 Order as to disposal of illicit recording ..................................................................... 31
26ZA Forfeiture of illicit recordings ..................................................................................... 31
26A Licensing of performers’ rights .................................................................................. 33
Jurisdiction of Copyright Tribunal 33

26B Jurisdiction of Tribunal ............................................................................................... 33
Right to be identified as performer 33

26C Right to be identified as performer ............................................................................ 33
26D Requirement that right be asserted ............................................................................ 34
26E Exceptions to right ....................................................................................................... 35
Right to object to derogatory treatment 35

26F Right to object to derogatory treatment of performance ........................................ 35
26G Exceptions to right ....................................................................................................... 36
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26H Infringement of right by possessing or dealing with infringing article ................ 36
Supplementary 37

26I Duration of rights ......................................................................................................... 37
26J Consent and waiver of rights ...................................................................................... 37
26K Application of provisions to parts of performances ................................................ 38
26L Moral rights not assignable ......................................................................................... 38
26M Transmission of moral rights on death ...................................................................... 38
26N Remedies for infringement of moral rights ............................................................... 39
Qualification for protection and extent 39

27 Qualifying countries, individuals and persons ........................................................ 39
28 Countries enjoying reciprocal protection .................................................................. 40
29 Extension or restriction of protection......................................................................... 41
30 Ships etc ......................................................................................................................... 41
Circumvention of protection measures etc 42

30A Circumvention of protection measures and rights management
information .................................................................................................................... 42
Supplemental 43

30A Power to amend in consequence of changes to international law ......................... 43
30B Requirement of signature: application in relation to body corporate ................... 43
31 Subordinate legislation ................................................................................................ 43
32 Expressions having same meaning as in copyright provisions ............................. 43
33 Index of defined expressions....................................................................................... 44
34 Amendments ................................................................................................................. 45
35 Amendments ................................................................................................................. 45
36 Short title and commencement ................................................................................... 45
SCHEDULE 1 47

RIGHTS IN PERFORMANCES: PERMITTED ACTS 47
SCHEDULE 1A 57

LICENSING OF PERFORMERS’ RIGHTS 57
SCHEDULE 2 66

FURTHER AMENDMENTS 66
ENDNOTES 67

TABLE OF LEGISLATION HISTORY 67
TABLE OF RENUMBERED PROVISIONS 67
TABLE OF ENDNOTE REFERENCES 67
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c i e
PERFORMERS PROTECTION ACT 1996

Received Royal Assent: 21 May 1996
Passed: 21 May 1996
Commenced: 1 July 1996
AN ACT
to confer rights on performers and others in respect of performances
of musical and dramatic works; to amend the Copyright Act 1991; and to make
further provision as to the seizure and forfeiture of counterfeit and pirated
goods.
EDITORIAL NOTE:
There are free-standing transitional provisions affecting the
amendments made to this Act by the Performers’ Protection (Amendment) Regulations
2013 (SD 75/13 Sch 2), commenced 1 April 2013, which are not reflected in the text of
the Act. The transitionals can be found here
http://www.tynwald.org.im/links/tls/SD/2013/2013-SD-0075.pdf
Introductory
1 Rights conferred on performers and persons having recording rights

[P1988/48/180]
(1) This Act confers rights —
(a) on a performer, by requiring his consent to the exploitation of his
performances (see sections 2 to 5), and
(b) on a person having recording rights in relation to a performance,
in relation to recordings made without his consent or that of the
performer (see sections 6 to 9),
and creates offences in relation to dealing with or using illicit recordings
and certain other related acts (see sections 19 and 23).
(1A) Rights are also conferred on a performer by the following provisions of
this Act (moral rights) ―
(a) section 26C (right to be identified);
(b) section 26F (rights to object to derogatory treatment).1

(2) In this Act —
Section 2 Performers Protection Act 1996


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“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,
which is, or so far as it is, a live performance given by one or more
individuals; and
“recording
”, in relation to a performance, means a film or sound recording —
(a) made directly from the live performance,
(b) made from a broadcast of, or cable programme including, the
performance, or
(c) made, directly or indirectly, from another recording of the
performance.
(3) Except as provided pursuant to section 29(1), nothing in this Act applies
in relation to performances taking place before the commencement of
this section; and no act taking place before such commencement, or in
pursuance of arrangements made before such commencement, shall be
regarded as infringing rights conferred by this Act.
(4) The rights conferred by this Act are independent of —
(a) any copyright in, or moral rights relating to, any work performed
or any film or sound recording of, or broadcast or cable
programme including, the performance, and
(b) any other right or obligation arising otherwise than under this
Act.
Performers’ rights
2 Qualifying performances

[P1988/48/181]
A performance is a qualifying performance for the purposes of the provisions of
this Act relating to performers’ rights if it is given by a qualifying individual (as
defined in section 27) or takes place in a qualifying country (as so defined).
3 Consent required for recording, etc of live performance

(1) A performer’s rights are infringed by a person who, without his consent
—
(a) makes a recording of the whole or any substantial part of a
qualifying performance directly from the live performance,
(b) broadcasts live the whole or any substantial part of a qualifying
performance,
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(c) makes a recording of the whole or any substantial part of a
qualifying performance directly from a broadcast of the live
performance.
(2) In an action for infringement of a performer’s rights brought by virtue of
this section damages shall not be awarded against a defendant who
shows that at the time of the infringement he believed on reasonable
grounds that consent had been given.2

3A Consent required for copying of recording

(1) A performer’s rights are infringed by a person who, without his consent,
makes a copy of a recording of the whole or any substantial part of a
qualifying performance.
(2) In subsection (1), making a copy of a recording includes making a copy
which is transient or is incidental to some other use of the original
recording.
(3) It is immaterial whether the copy is made directly or indirectly.
(4) The right of a performer under this section to authorise or prohibit the
making of such copies is referred to in this Act as “reproduction right
”.3

3B Consent required for issue of copies to public

(1) A performer’s rights are infringed by a person who, without his consent,
issues to the public copies of a recording of the whole or any substantial
part of a qualifying performance.
(2) References in this Act to the issue to the public of copies of a recording
are to —
(a) the act of putting into circulation in the EEA copies not previously
put into circulation in the EEA by or with the consent of the
performer, or
(b) the act of putting into circulation outside the EEA copies not
previously put into circulation in the EEA or elsewhere.
(3) References in this Act to the issue to the public of copies of a recording
do not include —
(a) any subsequent distribution, sale, hiring or loan of copies
previously put into circulation (but see section 3C), or
(b) any subsequent importation of such copies into the Island, the
United Kingdom or another EEA state,
except so far as subsection (2)(a) applies to putting into circulation in the
EEA copies previously put into circulation outside the EEA.
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(4) References in this Act to the issue of copies of a recording of a
performance include the issue of the original recording of the live
performance.
(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 Act as “distribution

right
”.4

3C Consent required for rental of copies to public

(1) A performer’s rights are infringed by a person who, without his consent,
rents to the public copies of a recording of the whole or any substantial
part of a qualifying performance.
(2) In this Act, subject to the following provisions of this section, “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.
(3) The expression “rental” does not include —
(a) making available for the purpose of public performance, playing
or showing in public or communication to the public;
(b) making available for the purpose of exhibition in public; or
(c) making available for on-the-spot reference use.
(4) Where lending by an establishment accessible to the public gives rise to a
payment the amount of which does not go beyond what is necessary to
cover the operating costs of the establishment, there is no direct or
indirect economic or commercial advantage for the purposes of this
section.
(5) References in this Act to the rental of copies of a recording of a
performance include the rental of the original recording of the live
performance.
(6) In this Act “rental right
” means the right of a performer under this
section to authorise or prohibit the rental of copies to the public.5

3D Consent required for making available to the public

(1) A performer’s rights are infringed by a person who, without his consent,
makes available to the public a recording of the whole or any substantial
part of a qualifying performance by electronic transmission in such a
way that members of the public may access the recording from a place
and at a time individually chosen by them.
(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 Act as
“making available right
”.6

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3E Right to equitable remuneration for exploitation of sound recording

(1) Where a commercially published sound recording of the whole or any
substantial part of a qualifying performance —
(a) is played in public, or
(b) is communicated to the public otherwise than by its being made
available to the public in the way mentioned in section 3D(1),
the performer is entitled to equitable remuneration from the owner of the
copyright in the sound recording.
(2) The right to equitable remuneration under this section may not be
assigned by the performer except to a collecting society for the purpose
of enabling it to enforce the right on his behalf.
The right is, however, transmissible by testamentary disposition or by
operation of law as personal or moveable property; and it may be
assigned or further transmitted by any person into whose hands it
passes.
(3) The amount payable by way of equitable remuneration is as agreed by or
on behalf of the persons by and to whom it is payable, subject to the
following provisions.
(4) In default of agreement as to the amount payable by way of equitable
remuneration, the person by or to whom it is payable may apply to the
Tribunal to determine the amount payable.
(5) A person to or by whom equitable remuneration is payable may also
apply to the Tribunal —
(a) to vary any agreement as to the amount payable, or
(b) to vary any previous determination of the Tribunal as to that
matter;
but except with the special leave of the Tribunal no such application may
be made within 12 months from the date of a previous determination.
An order made on an application under this subsection has effect from
the date on which it is made or such later date as may be specified by the
Tribunal.
(6) On an application under this section the Tribunal shall consider the
matter and make such order as to the method of calculating and paying
equitable remuneration as it may determine to be reasonable in the
circumstances, taking into account the importance of the contribution of
the performer to the sound recording.
(7) An agreement is of no effect in so far as it purports —
(a) to exclude or restrict the right to equitable remuneration under
this section, or
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(b) to prevent a person questioning the amount of equitable
remuneration or to restrict the powers of the Tribunal under this
section.7

4 Infringement of performer’s rights by use of recording made

without consent

[P1988/48/183]
A performer’s rights are infringed by a person who, without his consent —
(a) shows or plays in public the whole or any substantial part of a
qualifying performance, or
(b) broadcasts or includes in a cable programme service the whole or
any substantial part of a qualifying performance,
by means of a recording which was, and which that person knows or has reason
to believe was, made without the performer’s consent.
5 Infringement of performer’s rights by importing, possessing or

dealing with illicit recording

[P1988/48/184]
(1) A performer’s rights are infringed by a person who, without his
consent —
(a) imports into the Island otherwise than for his private and
domestic use, or
(b) in the course of a business possesses, sells or lets for hire, offers or
exposes for sale or hire, or distributes,
a recording of a qualifying performance which is, and which that person
knows or has reason to believe is, an illicit recording.
(2) Where in an action for infringement of a performer’s rights brought by
virtue of this section a defendant shows that the illicit recording was
innocently acquired by him or a predecessor in title of his, the only
remedy available against him in respect of the infringement is damages
not exceeding a reasonable payment in respect of the act complained of.
(3) In subsection (2) “innocently acquired” means that the person acquiring
the recording did not know and had no reason to believe that it was an
illicit recording.
Rights of person having recording rights
6 Exclusive recording contracts and persons having recording rights

[P1988/48/185]
(1) In this Act an “exclusive recording contract
” means a contract between a
performer and another person under which that person is entitled to the
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exclusion of all other persons (including the performer) to make
recordings of one or more of his performances with a view to their
commercial exploitation.
(2) References in this Act to a “person having recording rights
”, in relation
to a performance, are (subject to subsection (3)) to a person —
(a) who is party to and has the benefit of an exclusive recording
contract to which the performance is subject, or
(b) to whom the benefit of such a contract has been assigned,
and who is a qualifying person.
(3) If a performance is subject to an exclusive recording contract but the
person mentioned in subsection (2) is not a qualifying person, references
in this Act to a “person having recording rights” in relation to the
performance are to any person —
(a) who is licensed by such a person to make recordings of the
performance with a view to their commercial exploitation, or
(b) to whom the benefit of such a licence has been assigned,
and who is a qualifying person.
(4) In this section “with a view to commercial exploitation” means with a
view to the recordings being sold or let for hire, or shown or played in
public.
7 Consent required for recording of performance subject to exclusive

contract

[P1988/48/186]
(1) A person infringes the rights of a person having recording rights in
relation to a performance who, without his consent or that of the
performer, makes a recording of the whole or any substantial part of the
performance.8

(2) In an action for infringement of those rights brought by virtue of this
section damages shall not be awarded against a defendant who shows
that at the time of the infringement he believed on reasonable grounds
that consent had been given.
8 Infringement of recording rights by use of recording made without

consent

[P1988/48/187]
(1) A person infringes the rights of a person having recording rights in
relation to a performance who, without his consent or, in the case of a
qualifying performance, that of the performer —
(a) shows or plays in public the whole or any substantial part of the
performance, or
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(b) broadcasts or includes in a cable programme service the whole or
any substantial part of the performance,
by means of a recording which was, and which that person knows or has
reason to believe was, made without the appropriate consent.
(2) The reference in subsection (1) to “the appropriate consent” is to the
consent of —
(a) the performer, or
(b) the person who at the time the consent was given had recording
rights in relation to the performance (or, if there was more than
one such person, of all of them).
9 Infringement of recording rights by importing, possessing or

dealing with illicit recording

[P1988/48/188]
(1) A person infringes the rights of a person having recording rights in
relation to a performance who, without his consent or, in the case of a
qualifying performance, that of the performer —
(a) imports into the Island otherwise than for his private and
domestic use, or
(b) in the course of a business possesses, sells or lets for hire, offers or
exposes for sale or hire, or distributes,
a recording of the performance which is, and which that person knows or
has reason to believe is, an illicit recording.
(2) Where in an action for infringement of those rights brought by virtue of
this section a defendant shows that the illicit recording was innocently
acquired by him or a predecessor in title of his, the only remedy available
against him in respect of the infringement is damages not exceeding a
reasonable payment in respect of the act complained of.
(3) In subsection (2) “innocently acquired” means that the person acquiring
the recording did not know and had no reason to believe that it was an
illicit recording.
Exceptions to rights conferred
10 Acts permitted notwithstanding rights conferred by this Act

[P1988/48/189]
The provisions of Schedule 1 specify acts which may be done notwithstanding
the rights conferred by this Act, being acts which correspond broadly to certain
of those specified in Part III of the Copyright Act 1991 (acts permitted
notwithstanding copyright).
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Right to equitable remuneration
10A Right to equitable remuneration for exploitation of sound recording

(1) Where a commercially published sound recording of the whole or any
substantial part of a qualifying performance is included in a broadcast by
way of satellite transmission, the performer is entitled to equitable
remuneration from the owner of the copyright in the sound recording.
(2) The amount payable by way of equitable remuneration is as agreed by or
on behalf of the persons by and to whom it is payable, subject to the
following provisions.
(3) In default of agreement as to the amount payable by way of equitable
remuneration, the person by or to whom it is payable may apply to the
Tribunal to determine the amount payable.
(4) A person to or by whom equitable remuneration is payable may also
apply to the Tribunal —
(a) to vary any agreement as to the amount payable, or
(b) to vary any previous determination of the Tribunal as to that
matter;
but except with the special leave of the Tribunal no such application may
be made within 12 months from the date of a previous determination.
An order made on an application under this subsection has effect from
the date on which it is made or such later date as may be specified by the
Tribunal.
(5) On an application under this section the Tribunal shall consider the
matter and make such order as to the method of calculating and paying
equitable remuneration as it may determine to be reasonable in the
circumstances, taking into account the importance of the contribution of
the performer to the sound recording.
(6) An agreement is of no effect in so far as it purports —
(a) to exclude or restrict the right to equitable remuneration under
this section, or
(b) to prevent a person questioning the amount of equitable
remuneration or to restrict the powers of the Tribunal under this
section.9

11 Power of tribunal to give consent on behalf of performer in certain

cases

[P1988/48/190]
(1) The Tribunal may, on the application of a person wishing to make a copy
of a recording of a performance, give consent in a case where the identity
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or whereabouts of the person entitled to the reproduction right cannot be
ascertained by reasonable inquiry.10

(2) Consent given by the Tribunal has effect as consent of the person entitled
to the reproduction right for the purposes of —
(a) the provisions of this Act relating to performers’ rights, and
(b) section 19(3)(a) (criminal liability: sufficient consent in relation to
qualifying performances),
and may be given subject to any conditions specified in the Tribunal’s
order.11

(3) The Tribunal shall not give consent under subsection (1)(a) except after
the service or publication of such notices as may be required by rules
made under section 8 of the Tribunals Act 2006 (general procedural rules)
or as the Tribunal may in any particular case direct.12

(4) [Repealed].13

(5) In any case the Tribunal shall take into account the following factors —
(a) whether the original recording was made with the performer’s
consent and is lawfully in the possession or control of the person
proposing to make the further recording;
(b) whether the making of the further recording is consistent with the
obligations of the parties to the arrangements under which, or is
otherwise consistent with the purposes for which, the original
recording was made.
(6) Where the Tribunal gives consent under this section it shall, in default of
agreement between the applicant and the person entitled to the
reproduction right, make such order as it thinks fit as to the payment to
be made to that person in consideration of consent being given.14

Duration of rights15

12 Duration of rights

(1) The following provisions have effect with respect to the duration of the
rights conferred by this Act.
(2) The rights conferred by this Act in relation to a performance expire —
(a) at the end of the period of 50 years from the end of the calendar
year in which the performance takes place, or
(b) if during that period a recording of the performance is released,
50 years from the end of the calendar year in which it is released,
subject as follows.
(3) For the purposes of subsection (2) a recording is “released” when it is
first published, played or shown in public or communicated to the
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public; but in determining whether a recording has been released no
account shall be taken of any unauthorised act.
(4) Where a performer is not a national of an EEA state, the duration of the
rights conferred by this Act in relation to his performance is that to
which the performance is entitled in the country of which he is a
national, provided that does not exceed the period which would apply
under subsections (2) and (3).
(5) If or to the extent that the application of subsection (4) would be at
variance with an international obligation which extended to the Isle of
Man before 1 April 2013, the duration of the rights conferred by this Act
shall be as specified in subsections (2) and (3).16

12A Performers’ property rights

(1) The following rights conferred by this Act on a performer —
reproduction right (section 3A),
distribution right (section 3B),
rental right (section 3C),
making available right (section 3D),
are property rights (“performer’s property rights
”).
(2) References in this Act 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 this Act 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) are owned
by more than one person jointly, references in this Act 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.17

12B Assignment and licences

(1) A performer’s property rights are transmissible by assignment, by
testamentary disposition or by operation of law, as personal or moveable
property.
(2) An assignment or other transmission of a performer’s property rights
may be partial, that is, limited so as to apply —
(a) to one or more, but not all, of the things requiring the consent of
the rights owner;
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(b) to part, but not the whole, of the period for which the rights are to
subsist.
(3) An assignment of a performer’s property rights is not effective unless it
is in writing signed by or on behalf of the assignor.
(4) A licence granted by the owner of a performer’s property rights is
binding on every successor in title to his interest in the rights, except a
purchaser in good faith for valuable consideration and without notice
(actual or constructive) of the licence or a person deriving title from such
a purchaser; and references in this Act to doing anything with, or
without, the licence of the rights owner shall be construed accordingly.18

12C Prospective ownership of a performer’s property rights

(1) This section applies where by an agreement made in relation to a future
recording of a performance, and signed by or on behalf of the performer,
the performer purports to assign his performer’s property rights (wholly
or partially) to another person.
(2) If on the rights coming into existence the assignee or another person
claiming under him would be entitled as against all other persons to
require the rights to be vested in him, they shall vest in the assignee or
his successor in title by virtue of this subsection.
(3) A licence granted by a prospective owner of a performer’s property
rights is binding on every successor in title to his interest (or prospective
interest) in the rights, except a purchaser in good faith for valuable
consideration and without notice (actual or constructive) of the licence or
a person deriving title from such a purchaser.
References in this Act to doing anything with, or without, the licence of
the rights owner shall be construed accordingly.
(4) In subsection (3) “prospective owner” in relation to a performer’s
property rights means a person who is prospectively entitled to those
rights by virtue of such an agreement as is mentioned in subsection (1).19

12D Exclusive licences

(1) In this Act an “exclusive licence
” means a licence in writing signed by or
on behalf of the owner of a performer’s property rights authorising the
licensee to the exclusion of all other persons, including the person
granting the licence, to do anything requiring the consent of the rights
owner.
(2) The licensee under an exclusive licence has the same rights against a
successor in title who is bound by the licence as he has against the person
granting the licence.20

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12E Performer’s property right to pass under will with unpublished

original recording

Where under a bequest (whether general or specific) a person is entitled
beneficially or otherwise to any material thing containing an original recording
of a performance which was not published before the death of the testator, the
bequest shall, unless a contrary intention is indicated in the testator’s will or a
codicil to it, be construed as including any performer’s rights in relation to the
recording to which the testator was entitled immediately before his death.21

12F Presumption of transfer of rental right in case of film production

agreement

(1) Where an agreement concerning film production is concluded between a
performer and a film producer, the performer shall be presumed, unless
the agreement provides to the contrary, to have transferred to the film
producer any rental right in relation to the film arising from the inclusion
of a recording of his performance in the film.
(2) Where this section applies, the absence of signature by or on behalf of the
performer does not exclude the operation of section 12C (effect of
purported assignment of future rights).
(3) The reference in subsection (1) to an agreement concluded between a
performer and a film producer includes any agreement having effect
between those persons, whether made by them directly or through
intermediaries.
(4) Section 12G (right to equitable remuneration on transfer of rental right)
applies where there is a presumed transfer by virtue of this section as in
the case of an actual transfer.22

12G Right to equitable remuneration where rental right transferred

(1) Where a performer has transferred his rental right concerning a sound
recording or a film to the producer of the sound recording or film, he
retains the right to equitable remuneration for the rental.
The reference above to the transfer of rental right by one person to
another includes any arrangement having that effect, whether made by
them directly or through intermediaries.
(2) The right to equitable remuneration under this section may not be
assigned by the performer except to a collecting society for the purpose
of enabling it to enforce the right on his behalf.
The right is, however, transmissible by testamentary disposition or by
operation of law as personal or moveable property; and it may be
assigned or further transmitted by any person into whose hands it
passes.
Section 12 Performers Protection Act 1996


Page 20 AT 12 of 1996 c

(3) Equitable remuneration under this section is payable by the person for
the time being entitled to the rental right, that is, the person to whom the
right was transferred or any successor in title of his.
(4) The amount payable by way of equitable remuneration is as agreed by or
on behalf of the persons by and to whom it is payable, subject to section
12H.
(5) An agreement is of no effect in so far as it purports to exclude or restrict
the right to equitable remuneration under this section.
(6) In this section a “collecting society” means a society or other organisation
which has as its main object, or one of its main objects, the exercise of the
right to equitable remuneration on behalf of more than one performer.23

12H Equitable remuneration: reference of amount to Tribunal

(1) In default of agreement as to the amount payable by way of equitable
remuneration under section 12G, the person by or to whom it is payable
may apply to the Tribunal to determine the amount payable.
(2) A person to or by whom equitable remuneration is payable may also
apply to the Tribunal —
(a) to vary any agreement as to the amount payable, or
(b) to vary any previous determination of the Tribunal as to that
matter, but except with the special leave of the Tribunal no such
application may be made within 12 months from the date of a
previous determination.
An order made on an application under this subsection has effect from
the date on which it is made or such later date as may be specified by the
Tribunal.
(3) On an application under this section the Tribunal shall consider the
matter and make such order as to the method of calculating and paying
equitable remuneration as it may determine to be reasonable in the
circumstances, taking into account the importance of the contribution of
the performer to the film or sound recording.
(4) Remuneration shall not be considered inequitable merely because it was
paid by way of a single payment or at the time of the transfer of the
rental right.
(5) An agreement is of no effect in so far as it purports to prevent a person
questioning the amount of equitable remuneration or to restrict the
powers of the Tribunal under this section.24

12I Infringement actionable by rights owner

(1) An infringement of a performer’s property rights is actionable by the
rights owner.
Performers Protection Act 1996 Section 12


c AT 12 of 1996 Page 21

(2) In an action for infringement of a performer’s property rights all such
relief by way of damages, injunctions, accounts or otherwise is available
to the plaintiff as is available in respect of the infringement of any other
property right.
(3) This section has effect subject to the following provisions of this Act.25

12J Provisions as to damages in infringement action

(1) Where in an action for infringement of a performer’s property rights it is
shown that at the time of the infringement the defendant did not know,
and had no reason to believe, that the rights subsisted in the recording to
which the action relates, the plaintiff is not entitled to damages against
him, but without prejudice to any other remedy.
(2) The court may in an action for infringement of a performer’s property
rights having regard to all the circumstances, and in particular to —
(a) the flagrancy of the infringement, and
(b) any benefit accruing to the defendant by reason of the
infringement, award such additional damages as the justice of the
case may require.26

12K Rights and remedies for exclusive licensee

(1) An exclusive licensee has, except against the owner of a performer’s
property rights, the same rights and remedies in respect of matters
occurring after the grant of the licence as if the licence had been an
assignment.
(2) His rights and remedies are concurrent with those of the rights owner;
and references in the relevant provisions of this Act to the rights owner
shall be construed accordingly.
(3) In an action brought by an exclusive licensee by virtue of this section a
defendant may avail himself of any defence which would have been
available to him if the action had been brought by the rights owner.27

12L Exercise of concurrent rights

(1) Where an action for infringement of a performer’s property rights
brought by the rights owner or an exclusive licensee relates (wholly or
partly) to an infringement in respect of which they have concurrent
rights of action, the rights owner or, as the case may be, the exclusive
licensee may not, without the leave of the court, proceed with the action
unless the other is either joined as plaintiff or added as a defendant.
(2) A rights owner or exclusive licensee who is added as a defendant in
pursuance of subsection (1) is not liable for any costs in the action unless
he takes part in the proceedings.
Section 13 Performers Protection Act 1996


Page 22 AT 12 of 1996 c

(3) The above provisions do not affect the granting of interlocutory relief on
an application by the rights owner or exclusive licensee alone.
(4) Where an action for infringement of a performer’s property rights is
brought which relates (wholly or partly) to an infringement in respect of
which the rights owner and an exclusive licensee have or had concurrent
rights of action —
(a) the court shall in assessing damages take into account —
(i) the terms of the licence, and
(ii) any pecuniary remedy already awarded or available to
either of them in respect of the infringement;
(b) no account of profits shall be directed if an award of damages has
been made, or an account of profits has been directed, in favour of
the other of them in respect of the infringement; and
(c) the court shall if an account of profits is directed apportion the
profits between them as the court considers just, subject to any
agreement between them; and these provisions apply whether or
not the rights owner and the exclusive licensee are both parties to
the action.
(5) The owner of a performer’s property rights shall notify any exclusive
licensee having concurrent rights before applying for an order under
section 16 or exercising the right conferred by section 17); and the court
may on the application of the licensee make such order under section 16
or, as the case may be, prohibiting or permitting the exercise by the rights
owner of the right conferred by section 17, as it thinks fit having regard
to the terms of the licence.28

13 Performers’ non-property rights

(1) The rights conferred on a performer by —
section 3 (consent required for recording, etc of live performance),
section 4 (infringement of performer’s rights by use of recording made
without consent), and
section 5 (infringement of performer’s rights importing, possessing or
dealing with illicit recording),
are not assignable or transmissible, except to the following extent.
They are referred to in this Act as “performer’s non-property rights
”.
(2) On the death of a person entitled to any such right —
(a) the right passes to such person as he may by testamentary
disposition specifically direct, and
(b) if or to the extent that there is no such direction, the right is
exercisable by his personal representatives.
Performers Protection Act 1996 Section 14


c AT 12 of 1996 Page 23

(3) References in this Act to the performer, in the context of the person
having any such right, shall be construed as references to the person for
the time being entitled to exercise those rights.
(4) Where by virtue of subsection (2)(a) a right becomes exercisable by more
than one person, it is exercisable by each of them independently of the
other or others.
(5) Any damages recovered by personal representatives by virtue of this
section in respect of an infringement after a person’s death shall devolve
as part of his estate as if the right of action had subsisted and been vested
in him immediately before his death.29

13A Transmissibility of rights of person having recording rights

(1) The rights conferred by this Act on a person having recording rights are
not assignable or transmissible.
(2) This does not affect section 6(2)(b) or (3)(b), so far as those provisions
confer rights under this Act on a person to whom the benefit of a contract
or licence is assigned.30

14 Consent

[P1988/48/193]
(1) Consent for the purposes of this Act by a person having a performer’s
non-property rights, or by a person having recording rights, may be
given in relation to a specific performance, a specified description of
performances or performances generally, and may relate to past or future
performances.31

(2) A person having recording rights in a performance is bound by any
consent given by a person through whom he derives his rights under the
exclusive recording contract or licence in question, in the same way as if
the consent had been given by him.
(3) Where a performer’s non-property right passes to another person, any
consent binding on the person previously entitled binds the person to
whom the right passes in the same way as if the consent had been given
by him.32

Action for infringement33

15 Infringement actionable as breach of statutory duty

[P1988/48/194]
(1) An infringement of —
(a) a performer’s non-property rights, or
Section 16 Performers Protection Act 1996


Page 24 AT 12 of 1996 c

(b) any right conferred by this Act on a person having recording
rights,
is actionable by the person entitled to the right as a breach of statutory
duty.34

(2) Where in an action for infringement of any right conferred by this Act it
is shown that the defendant knew, or had reason to believe, that he was
committing an infringement, the damages awarded to the claimant shall
be appropriate to the actual prejudice he suffered as a result of the
infringement.35

(3) The High Court —
(a) in awarding such damages shall take into account all appropriate
aspects, including in particular—
(i) the negative economic consequences, including any lost
profits, which the claimant has suffered;
(ii) any unfair profits made by the defendant; and
(iii) elements other than economic factors, including the moral
prejudice caused to the claimant by the infringement; or
(b) may where appropriate award such damages on the basis of the
royalties or fees which would have been due had the defendant
obtained a licence.36

Delivery up or seizure of illicit recordings37

16 Order for delivery up

[P1988/48/195]
(1) Where a person has in his possession, custody or control in the course of
a business an illicit recording of a performance, a person having
performers’ rights or recording rights in relation to the performance
under this Act may apply to the High Court for an order that the
recording be delivered up to him or to such other person as the Court
may direct.
(2) An application shall not be made after the end of the period specified in
section 25; and no order shall be made unless the High Court also makes,
or it appears to the Court that there are grounds for making, an order
under section 26 (order as to disposal of illicit recording).
(3) A person to whom a recording is delivered up in pursuance of an order
under this section shall, if an order under section 26 is not made, retain it
pending the making of an order, or the decision not to make an order,
under that section.
(4) Nothing in this section affects any other power of the High Court.
Performers Protection Act 1996 Section 17


c AT 12 of 1996 Page 25

17 Right to seize illicit recordings

[P1988/48/196]
(1) An illicit recording of a performance which is found exposed or
otherwise immediately available for sale or hire, and in respect of which
a person would be entitled to apply for an order under section 16, may
be seized and detained by him or a person authorised by him.
The right to seize and detain is exercisable subject to the following
conditions and is subject to any decision of the High Court under
section 26 (order as to disposal of illicit recording).
(2) Before anything is seized under this section notice of the time and place
of the proposed seizure must be given to a local police station.
(3) A person may for the purpose of exercising the right conferred by this
section enter premises to which the public have access but may not seize
anything in the possession, custody or control of a person at a permanent
or regular place of business of his and may not use any force.
(4) At the time when anything is seized under this section there shall be left
at the place where it was seized a notice in the prescribed form
containing the prescribed particulars as to the person by whom or on
whose authority the seizure is made and the grounds on which it is
made.
(5) In this section —
“premises” includes land, buildings, fixed or moveable structures, vehicles,
vessels, aircraft and hovercraft; and
“prescribed” means prescribed by regulations made by the Department of
Economic Development.38

18 Meaning of “illicit recording”

[P1988/48/197]
(1) In this Act “illicit recording
”, in relation to a performance, shall be
construed in accordance with this section.
(2) For the purposes of a performer’s rights, a recording of the whole or any
substantial part of a performance of his is an illicit recording if it is made,
otherwise than for private purposes, without his consent.
(3) For the purposes of the rights of a person having recording rights, a
recording of the whole or any substantial part of a performance subject to
the exclusive recording contract is an illicit recording if it is made,
otherwise than for private purposes, without his consent or that of the
performer.
(4) For the purposes of sections 19 and 21 (offences and orders for delivery
up in criminal proceedings), a recording is an illicit recording if it is an
Section 19 Performers Protection Act 1996


Page 26 AT 12 of 1996 c

illicit recording for the purposes mentioned in subsection (2) or
subsection (3).
(5) In this Act “illicit recording
” includes a recording falling to be treated as
an illicit recording by virtue of any of the following provisions of
Schedule 1 —
paragraph 4(3) (recordings made for purposes of instruction or
examination),
paragraph 6(2) (recordings made by educational establishments
for educational purposes),
paragraph 12(2) (recordings of performance in electronic form
retained on transfer of principal recording),
paragraph 16(3) (recordings made for purposes of broadcast),
paragraph 17A(2) (recording for purposes of time-shifting), or
paragraph 17B(2) (photographs of broadcasts),
but otherwise does not include a recording made in accordance with any
of the provisions of that Schedule.39

(6) It is immaterial for the purposes of this section where the recording was
made.
18A Presumptions relevant to recordings of performances

(1) In proceedings brought by virtue of this Act with respect to the rights in
a performance, where copies of a recording of the performance as issued
to the public bear a statement that a named person was the performer,
the statement shall be admissible as evidence of the fact stated and shall
be presumed to be correct until the contrary is proved.
(2) Subsection (1) does not apply to proceedings for an offence under section
19 (criminal liability for making etc. illicit recordings); but without
prejudice to its application in proceedings for an order under section 21
(order for delivery up in criminal proceedings).40

Offences
19 Criminal liability for making, dealing with or using illicit

recordings

[P1988/48/198]
(1) A person commits an offence who without sufficient consent —
(a) makes for sale or hire, or
(b) imports into the Island otherwise than for his private and
domestic use, or
Performers Protection Act 1996 Section 19


c AT 12 of 1996 Page 27

(c) possesses in the course of a business with a view to committing
any act infringing the rights conferred by this Act, or
(d) in the course of a business —
(i) sells or lets for hire, or
(ii) offers or exposes for sale or hire, or
(iii) distributes,
a recording which is, and which he knows or has reason to believe is, an
illicit recording.
(1A) A person who infringes a performer’s making available right —
(a) in the course of a business, or
(b) otherwise than in the course of a business to such an extent as to
affect prejudicially the owner of the making available right,
commits an offence if he knows or has reason to believe that, by doing
so, he is infringing the making available right in the recording.41

(2) A person commits an offence who causes a recording of a performance
made without sufficient consent to be —
(a) shown or played in public, or
(b) broadcast or included in a cable programme service,
thereby infringing any of the rights conferred by this Act, if he knows or
has reason to believe that those rights are thereby infringed.
(3) In subsections (1) and (2) “sufficient consent” means —
(a) in the case of a qualifying performance, the consent of the
performer, and
(b) in the case of a non-qualifying performance subject to an exclusive
recording contract —
(i) for the purposes of subsection (1)(a) (making of recording),
the consent of the performer or the person having
recording rights, and
(ii) for the purposes of subsection (1)(b), (c) and (d) and
subsection (2) (dealing with or using recording), the
consent of the person having recording rights.
The references in this subsection to the person having recording rights
are to the person having those rights at the time the consent is given or, if
there is more than one such person, to all of them.
(4) No offence is committed under subsection (1) or (2) by the commission of
an act which by virtue of any provision of Schedule 1 may be done
without infringing the rights conferred by this Act.
(5) A person guilty of an offence under subsection (1)(a), (b) or (d)(iii) is
liable —
Section 20 Performers Protection Act 1996


Page 28 AT 12 of 1996 c

(a) on summary conviction to imprisonment for a term not exceeding
6 months or a fine not exceeding £50,000, or both;42

(b) on conviction on information to a fine or imprisonment for a term
not exceeding 10 years, or both.43

(5A) A person guilty of an offence under subsection (1A) is liable —
(a) on summary conviction to custody for a term not exceeding 3
months or a fine not exceeding £50,000, or both;44

(b) on conviction on information to or custody for a term not
exceeding 2 years or a fine, or both.45

(6) A person guilty of any other offence under this section is liable on
summary conviction to a fine not exceeding £5,000 or imprisonment for a
term not exceeding 6 months, or both.
20 Enforcement of s 19

[P1988/48/198A; P1994/33/165]
(1) It is the duty of the Isle of Man Office of Fair Trading to enforce the
provisions of section 19.46

(2) The following provisions of the Consumer Protection (Trade Descriptions)
Act 1970 apply in relation to the enforcement of that section by the Isle of
Man Office of Fair Trading as in relation to the enforcement of
that Act —
section 27 (power to make test purchases),
section 28 (power to enter premises and inspect and seize goods
and documents),
section 29 (obstruction of inspectors) and
section 33 (compensation for loss etc. of goods seized).47

(3) Any enactment which authorises the disclosure of information for the
purpose of facilitating the enforcement of the said Act of 1970 shall apply
as if section 19 were contained in that Act, and as if the functions of any
person in relation to the enforcement of that section were functions
under that Act.48

21 Order for delivery up in criminal proceedings

[P1988/48/199]
(1) The court before which proceedings are brought against a person for an
offence under section 19 may, if satisfied that at the time of his arrest or
charge he had in his possession, custody or control in the course of a
business an illicit recording of a performance, order that it be delivered
up to a person having performers’ rights or recording rights in relation to
the performance or to such other person as the court may direct.
Performers Protection Act 1996 Section 22


c AT 12 of 1996 Page 29

(2) For this purpose a person shall be treated as charged with an offence
when he is orally charged or is served with a summons or information.
(3) An order may be made by the court —
(a) of its own motion or on the application of the prosecutor, and
(b) whether or not the person is convicted of the offence;
but shall not be made if it appears to the court unlikely that any order
will be made under section 26 (order as to disposal of illicit recording).
(4) An appeal lies to the High Court from an order made under this section
by a court of summary jurisdiction.
(5) A person to whom an illicit recording is delivered up in pursuance of an
order under this section shall retain it pending the making of an order, or
the decision not to make an order, under section 26.
(6) Nothing in this section affects any other powers of a court with respect to
forfeiture in criminal proceedings.
22 Search warrants

[P1988/48/200]
(1) Where a justice of the peace is satisfied by information on oath given by a
constable that there are reasonable grounds for believing —
(a) that an offence under section 19(1) or (1A) (offences of making,
importing, possessing, selling etc. or distributing illicit recordings)
has been or is about to be committed in any premises, and49

(b) that evidence that such an offence has been or is about to be
committed is in those premises,
he may issue a warrant authorising a constable to enter and search the
premises, using such reasonable force as is necessary.
(2) A warrant under subsection (1) —
(a) may authorise persons to accompany any constable executing the
warrant, and
(b) remains in force for 28 days from the date of its issue.
(3) In this section “premises” includes land, buildings, fixed or moveable
structures, vehicles, vessels, aircraft and hovercraft.
(4) In executing a warrant issued under subsection (1) a constable may seize
an article if he reasonably believes that it is evidence that any offence
under section 19(1) or (1A) has been or is about to be committed.50

23 False representation of authority to give consent

[P1988/48/201]
(1) It is an offence for a person to represent falsely that he is authorised by
any person to give consent for the purposes of this Act in relation to a
Section 24 Performers Protection Act 1996


Page 30 AT 12 of 1996 c

performance, unless he believes on reasonable grounds that he is so
authorised.
(2) A person guilty of an offence under this section is liable on summary
conviction to imprisonment for a term not exceeding 6 months or a fine
not exceeding £5,000 or both.
24 Offence by body corporate: liability of officers

(1) Where an offence under this Act committed by a body corporate is
proved to have been committed with the consent or connivance of a
director, manager, secretary or other similar officer of the body, or a
person purporting to act in any such capacity, he as well as the body
corporate is guilty of the offence and liable to be proceeded against and
punished accordingly.
(2) In relation to a body corporate whose affairs are managed by its
members “director
” means a member of the body corporate.
Delivery up and seizure: supplemental
25 Period after which remedy of delivery up not available

[P1988/48/203]
(1) An application for an order under section 16 (order for delivery up in
civil proceedings) may not be made after the end of the period of 6 years
from the date on which the illicit recording in question was made, subject
to the following provisions.
(2) If during the whole or any part of that period a person entitled to apply
for an order —
(a) is under a disability, or
(b) is prevented by fraud or concealment from discovering the facts
entitling him to apply,
an application may be made by him at any time before the end of the
period of 6 years from the date on which he ceased to be under a
disability or, as the case may be, could with reasonable diligence have
discovered those facts.
(3) In subsection (2) “disability” has the same meaning as in the Limitation
Act 1984.
(4) An order under section 21 (order for delivery up in criminal
proceedings) shall not, in any case, be made after the end of the period of
6 years from the date on which the illicit recording in question
was made.
Performers Protection Act 1996 Section 26


c AT 12 of 1996 Page 31

26 Order as to disposal of illicit recording

[P1988/48/204]
(1) An application may be made to the High Court for an order that an illicit
recording of a performance delivered up in pursuance of an order under
section 16 or 21, or seized and detained in pursuance of the right
conferred under section 17, shall be —
(a) forfeited to such person having performer’s rights or recording
rights in relation to the performance as the Court may direct, or
(b) destroyed or otherwise dealt with as the Court may think fit,
or for a decision that no such order should be made.
(2) In considering what order (if any) should be made, the High Court shall
consider whether other remedies available in an action for infringement
of the rights conferred by this Act would be adequate to compensate the
person or persons entitled to the rights and to protect their interests.
(3) Provision shall be made by rules of court as to the service of notice on
persons having an interest in the recording, and any such person is
entitled —
(a) to appear in proceedings for an order under this section, whether
or not he was served with notice, and
(b) to appeal against any order made, whether or not he appeared;
and an order shall not take effect until the end of the period within
which notice of an appeal may be given or, if before the end of that
period notice of appeal is duly given, until the final determination or
abandonment of the proceedings on the appeal.
(4) Where there is more than one person interested in a recording, the Court
shall make such order as it thinks just and may (in particular) direct that
the recording be sold, or otherwise dealt with, and the proceeds divided.
(5) If the Court decides that no order should be made under this section, the
person in whose possession, custody or control the recording was before
being delivered up or seized is entitled to its return.
(6) References in this section to a person having an interest in a recording
include any person in whose favour an order could be made in respect of
the recording under this section or under section 113 of the Copyright Act
1991, section 19 of the Design Right Act 1991 or section 19 of the Trade
Marks Act 1994 (an Act of Parliament) (which make similar provision in
relation to infringement of copyright, design right and trade marks).
26ZA Forfeiture of illicit recordings

(1) Where illicit recordings of a performance have come into the possession
of any person in connection with the investigation or prosecution of a
Section 26 Performers Protection Act 1996


Page 32 AT 12 of 1996 c

relevant offence, that person may apply under this section for an order
for the forfeiture of the illicit recordings.
(2) For the purposes of this section “relevant offence” means —
(a) an offence under section 19(1) or (1A) (criminal liability for
making or dealing with illicit recordings);
(b) an offence under the Consumer Protection (Trade Descriptions) Act
1970; or
(c) an offence involving dishonesty or deception.
(3) An application under this section may be made —
(a) where proceedings have been brought in any court for a relevant
offence relating to some or all of the illicit recordings, to that
court; or
(b) where no application for the forfeiture of the illicit recordings has
been made under paragraph (a), by way of complaint to a court of
summary jurisdiction.
(4) On an application under this section, the court shall make an order for
the forfeiture of any illicit recordings only if it is satisfied that a relevant
offence has been committed in relation to the illicit recordings.
(5) A court may infer for the purposes of this section that such an offence
has been committed in relation to any illicit recordings if it is satisfied
that such an offence has been committed in relation to illicit recordings
which are representative of the illicit recordings in question (whether by
reason of being part of the same consignment or batch or otherwise).
(6) Any person aggrieved by an order made under this section by a court of
summary jurisdiction, or by a decision of such a court not to make such
an order, may appeal against that order or decision to the High Court.
(7) An order under this section may contain such provision as appears to the
court to be appropriate for delaying the coming into force of the order
pending the making and determination of any appeal (including any
application under section 109 of the Summary Jurisdiction Act 1989
(statement of case)).
(8) Subject to subsection (9), where any illicit recordings are forfeited under
this section they shall be destroyed in accordance with such directions as
the court may give.
(9) On making an order under this section the court may direct that the illicit
recordings to which the order relates shall (instead of being destroyed)
be forfeited to the person having the performers’ rights or recording
rights in question or dealt with in such other way as the court considers
appropriate.51

Performers Protection Act 1996 Section 26


c AT 12 of 1996 Page 33

26A Licensing of performers’ rights
52

The provisions of Schedule 1A have effect with respect to the licensing of
performers’ rights.53

Jurisdiction of Copyright Tribunal54

26B Jurisdiction of Tribunal

(1) The Tribunal has jurisdiction under this Act to hear and determine
proceedings under —
(a) section 3D;
(b) section 11;
(c) section 12H; and
(d) paragraphs 3, 4, 5, 6, 7, 10, 11 and 12 of Schedule 1A.
(2) The provisions of Part VIII of the Copyright Act 1991 apply in relation to
the Tribunal when exercising any jurisdiction under this Act.
(3) Provision shall be made by rules under section 145 of that Act
prohibiting the Tribunal from entertaining a reference under paragraph
3, 4 or 5 of Schedule 1A by a representative organisation unless the
Tribunal is satisfied that the organisation is reasonably representative of
the class of persons which it claims to represent.55

Right to be identified as performer56

26C Right to be identified as performer

(1) Whenever a person —
(a) produces or puts on a qualifying performance that is given in
public;
(b) broadcasts live a qualifying performance;
(c) communicates to the public a sound recording of a qualifying
performance; or
(d) issues to the public copies of such a recording,
the performer has the right to be identified as such.
(2) The right of the performer under this section is —
(a) in the case of a performance which is given in public, to be
identified in any programme accompanying the performance or in
some other manner likely to bring his identity to the notice of a
person seeing or hearing the performance;
Section 26 Performers Protection Act 1996


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(b) in the case of a performance which is broadcast, to be identified in
a manner likely to bring his identity to the notice of a person
seeing or hearing the broadcast;
(c) in the case of a sound recording which is communicated to the
public, to be identified in a manner likely to bring his identity to
the notice of a person hearing the communication;
(d) in the case of a sound recording which is issued to the public, to
be identified in or on each copy or, if that is not appropriate, in
some other manner likely to bring his identity to the notice of a
person acquiring a copy,
or (in any of the above cases) to be identified in such other manner as
may be agreed between the performer and the person mentioned in
subsection (1).
(3) The right conferred by this section in relation to a performance given by
a group (or so much of a performance as is given by a group) is not
infringed —
(a) in a case falling within subsection (2)(a), (b) or (c); or
(b) in a case falling within subsection (2)(d) in which it is not
reasonably practicable for each member of the group to be
identified,
if the group itself is identified as specified in subsection (2).
(4) In this section “group” means two or more performers who have a
particular name by which they may be identified collectively.
(5) If the assertion under section 26D specifies a pseudonym, initials or some
other particular form of identification, that form shall be used; otherwise
any reasonable form of identification may be used.
(6) This section has effect subject to section 26E (exceptions to right).57

26D Requirement that right be asserted

(1) A person does not infringe the right conferred by section 26C (right to be
identified as performer) by doing any of the acts mentioned in that
section unless the right has been asserted in accordance with the
following provisions so as to bind him in relation to that act.
(2) The right may be asserted generally, or in relation to any specified act or
description of acts —
(a) by instrument in writing signed by or on behalf of the performer;
or
(b) on an assignment of a performer’s property rights, by including in
the instrument effecting the assignment a statement that the
performer asserts in relation to the performance his right to be
identified.
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(3) The persons bound by an assertion of the right under subsection (2) are
—
(a) in the case of an assertion under subsection (2)(a), anyone to
whose notice the assertion is brought;
(b) in the case of an assertion under subsection (2)(b), the assignee
and anyone claiming through him, whether or not he has notice of
the assertion.
(4) In an action for infringement of the right the court shall, in considering
remedies, take into account any delay in asserting the right.58

26E Exceptions to right

(1) The right conferred by section 26C (right to be identified as performer) is
subject to the following exceptions.
(2) The right does not apply where it is not reasonably practicable to identify
the performer (or, where identification of a group is permitted by virtue
of section 26C(3), the group).
(3) The right does not apply in relation to any performance given for the
purposes of reporting current events.
(4) The right does not apply in relation to any performance given for the
purposes of advertising any goods or services.
(5) The right is not infringed by an act which by virtue of any of the
following provisions of Schedule 1 would not infringe any of the rights
conferred by sections 3 to 13 —
(a) paragraph 2(1A) (news reporting);
(b) paragraph 3 (incidental inclusion of a performance or recording);
(c) paragraph 4(2) (things done for the purposes of examination);
(d) paragraph 8 (Tynwald and judicial proceedings);
(e) paragraph 9 (commissions and statutory inquiries).59

Right to object to derogatory treatment60

26F Right to object to derogatory treatment of performance

(1) The performer of a qualifying performance has a right which is infringed
if —
(a) the performance is broadcast live; or
(b) by means of a sound recording the performance is played in
public or communicated to the public,
with any distortion, mutilation or other modification that is prejudicial to
the reputation of the performer.
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(2) This section has effect subject to section 26G (exceptions to right).61

26G Exceptions to right

(1) The right conferred by section 26F (right to object to derogatory
treatment of performance) is subject to the following exceptions.
(2) The right does not apply in relation to any performance given for the
purposes of reporting current events.
(3) The right is not infringed by modifications made to a performance which
are consistent with normal editorial or production practice.
(4) Subject to subsection (5), the right is not infringed by anything done for
the purpose of —
(a) avoiding the commission of an offence;
(b) complying with a duty imposed by or under an enactment; or
(c) in the case of the British Broadcasting Corporation, avoiding the
inclusion in a programme broadcast by them of anything which
offends against good taste or decency or which is likely to
encourage or incite crime or lead to disorder or to be offensive to
public feeling.
(5) Where —
(a) the performer is identified in a manner likely to bring his identity
to the notice of a person seeing or hearing the performance as
modified by the act in question; or
(b) he has previously been identified in or on copies of a sound
recording issued to the public,
subsection (4) applies only if there is sufficient disclaimer.
(6) In subsection (5) “sufficient disclaimer”, in relation to an act capable of
infringing the right, means a clear and reasonably prominent indication
—
(a) given in a manner likely to bring it to the notice of a person seeing
or hearing the performance as modified by the act in question;
and
(b) if the performer is identified at the time of the act, appearing
along with the identification,
that the modifications were made without the performer’s consent.62

26H Infringement of right by possessing or dealing with infringing article

(1) The right conferred by section 26F (right to object to derogatory
treatment of performance) is also infringed by a person who —
(a) possesses in the course of business; or
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(b) sells or lets for hire, or offers or exposes for sale or hire; or
(c) distributes,
an article which is, and which he knows or has reason to believe is, an
infringing article.
(2) An “infringing article” means a sound recording of a qualifying
performance with any distortion, mutilation or other modification that is
prejudicial to the reputation of the performer.63

Supplementary64

26I Duration of rights

(1) A performer’s rights under sections 26C to 26H in relation to a
performance subsist so long as that performer’s rights under sections 3 to
13 subsist in relation to the performance.
(2) In subsection (1) “performer’s rights” includes rights of a performer that
are vested in a successor of his.65

26J Consent and waiver of rights

(1) It is not an infringement of the rights conferred by sections 26C to 26H to
do any act to which consent has been given by or on behalf of the person
entitled to the right.
(2) Any of those rights may be waived by instrument in writing signed by or
on behalf of the person giving up the right.
(3) A waiver —
(a) may relate to a specific performance, to performances of a
specified description or to performances generally, and may relate
to existing or future performances; and
(b) may be conditional or unconditional and may be expressed to be
subject to revocation,
and if made in favour of the owner or prospective owner of a performer’s
property rights in the performance or performances to which it relates, it
shall be presumed to extend to his licensees and successors in title unless
a contrary intention is expressed.
(4) Nothing in sections 26C to 26N shall be construed as excluding the
operation of the general law of contract or estoppel in relation to an
informal waiver or other transaction in relation to either of the rights
conferred by those sections.66

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26K Application of provisions to parts of performances

(1) The right conferred by section 26C (right to be identified as performer)
applies in relation to the whole or any substantial part of a performance.
(2) The right conferred by section 26F (right to object to derogatory
treatment of performance) applies in relation to the whole or any part of
a performance.67

26L Moral rights not assignable

The rights conferred by sections 26C to 26H are not assignable.68

26M Transmission of moral rights on death

(1) On the death of a person entitled to a right conferred by sections 26C to
26H —
(a) the right passes to such person as he may by testamentary
disposition specifically direct;
(b) if there is no such direction but the performer’s property rights in
respect of the performance in question form part of his estate, the
right passes to the person to whom the property rights pass;
(c) if or to the extent that the right does not pass under paragraph (a)
or (b) it is exercisable by his personal representatives.
(2) Where a performer’s property rights pass in part to one person and in
part to another, as for example where a bequest is limited so as to apply
—
(a) to one or more, but not all, of the things to which the owner has
the right to consent; or
(b) to part, but not the whole, of the period for which the rights
subsist,
any right which by virtue of subsection (1) passes with the performer’s
property rights is correspondingly divided.
(3) Where by virtue of subsection (1)(a) or (1)(b) a right becomes exercisable
by more than one person —
(a) it is, in the case of the right conferred by section 26F (right to
object to derogatory treatment of performance), a right exercisable
by each of them and is satisfied in relation to any of them if he
consents to the treatment or act in question; and
(b) any waiver of the right in accordance with section 26J by one of
them does not affect the rights of the others.
(4) A consent or waiver previously given or made binds any person to
whom a right passes by virtue of subsection (1).
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(5) Any damages recovered by personal representatives by virtue of this
section in respect of an infringement after a person’s death shall devolve
as part of his estate as if the right of action had subsisted and been vested
in him immediately before his death.69

26N Remedies for infringement of moral rights

(1) An infringement of a right conferred by sections 26C to 26H is actionable
as a breach of statutory duty owed to the person entitled to the right.
(2) Where —
(a) there is an infringement of a right conferred by sections 26C to
26H;
(b) a person falsely claiming to act on behalf of a performer consented
to the relevant conduct or purported to waive the right; and
(c) there would have been no infringement if he had been so acting,
that person shall be liable, jointly and severally with any person liable in
respect of the infringement by virtue of subsection (1), as if he
himself had infringed the right.
(3) Where proceedings for infringement of the right conferred on a
performer by sections 26C to 26H, it shall be a defence to prove —
(a) that a person claiming to act on behalf of the performer consented
to the defendant’s conduct or purported to waive the right; and
(b) that the defendant reasonably believed that the person was acting
on behalf of the performer.
(4) In proceedings for infringement of the right conferred by section 26F the
court may, if it thinks it an adequate remedy in the circumstances, grant
an injunction on terms prohibiting the doing of any act unless a
disclaimer is made, in such terms and in such manner as may be
approved by the court, dissociating the performer from the broadcast or
sound recording of the performance.70

Qualification for protection and extent
27 Qualifying countries, individuals and persons

[P1988/48/206]
(1) In this Act —
“qualifying country
” means —
(a) the Island,
(b) an EEA state (including the United Kingdom);71

(ba) the Channel Islands or Gibraltar;72

(bb) a country which is a party to the Rome Convention; or73

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(c) to the extent that an order under section 28 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 the Island 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 Island, the United Kingdom or any of the
Channel Islands, 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.
(4) The Council of Ministers may by order —
(a) make provision for the application of this Act 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 Act to a country added
under paragraph (b) to be subject to specified restrictions.74

(5) 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 1961.75

28 Countries enjoying reciprocal protection

[P1988/48/208]
(1) The Council of Ministers may by order designate as enjoying reciprocal
protection under this Act76
—
(a) a Convention country, or
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(b) a country as to which the Council of Ministers77
is satisfied that
provision has been or will be made under its law giving adequate
protection for Manx 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 and which extends to the Island.
(3) A “Manx performance
” means a performance —
(a) given by an individual who is a British citizen or resident in the
Island, or
(b) taking place in the Island.
(4) The power conferred by subsection (1)(b) is exercisable in relation to any
colony of the United Kingdom, as in relation to a foreign country.78

29 Extension or restriction of protection

(1) The Council of Ministers may by order provide that the protection
afforded by this Act in relation to performances connected with a
country outside the Island shall, to such extent as may be specified in the
order, apply in relation to performances, or performances of a class or
description so specified, taking place before as well as after the
commencement of section 1.79

(2) If the Council of Ministers is satisfied that the law of a country outside
the Island provides adequate protection only for certain descriptions of
performance, or only for certain infringements of performers’ rights or
the rights of persons having recording rights, he may by order limit to a
corresponding extent the protection afforded by this Act in relation to
performances connected with that country.80

30 Ships etc

[P1988/48/209(1), 210]
(1) This Act applies to things done on a Manx ship as it applies to things
done in the Island.
(2) In this section “Manx ship” has the same meaning as in the Merchant
Shipping Registration Act 1991.
(3) For the purposes of this Act the territorial waters of the Island shall be
treated as part of the Island.
Section 30 Performers Protection Act 1996


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Circumvention of protection measures etc81

30A Circumvention of protection measures and rights management

information

(1) The following provisions of the Copyright Act 1991 apply, with any
necessary modifications, to rights in performances as they apply to
copyright —
(a) subsections (1) to (4) and (5)(b) of section 163ZA (circumvention
of technological measures);
(b) subsections (1) to (5), (6)(b) and (7) of section 163ZD (rights and
remedies in respect of devices and services) of that Act;
(c) section 163ZE (remedy where effective technological measures
prevent permitted acts).
(d) subsections (1) to (5) and (6)(b) of section 163ZG (rights
management information); and
(e) any other provision as it has effect for the purposes of the
subsections mentioned in paragraphs (a), (b) and (d).
(2) For the purpose of this section the expression “permitted act” in section
163ZE refers to an act that may be done by virtue of any of the following
provisions of Schedule 1 —
paragraph 4 (things done for purposes of instruction or examination)
paragraph 6 (recording of broadcasts by educational establishments)
paragraph 7 (copy of work required to be made as condition of export)
paragraph 8 (Tynwald and judicial proceedings)
paragraph 9 (Commissions and statutory inquiries)
paragraph 10 (public records)
paragraph 11 (acts done under statutory authority)
paragraph 14 (recordings of folksongs)
paragraph 16 (incidental recording for purposes of broadcast)
paragraph 17 (recordings for purposes of supervision and control of
broadcasts)
paragraph 17A (recording for the purposes of time-shifting)
paragraph 17B (photographs of broadcasts)
paragraph 20 (provision of sub-titled copies of broadcast)
paragraph 21 (recording of broadcast for archival purposes).82

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Supplemental
30A Power to amend in consequence of changes to international law

The Council of Ministers may by order amend this Act in consequence of
changes to international law in the area of performance rights.84

30B Requirement of signature: application in relation to body corporate

(1) The requirement in the following provisions that an instrument be
signed by or on behalf of a person is also satisfied in the case of a body
corporate by the affixing of its seal —
section 12B(3) (assignment of performer’s property rights);
section 12C(1) (assignment of future performer’s property rights);
section 12D(1) (grant of exclusive licence).
(2) The requirement in the following provisions that an instrument be
signed by a person is also satisfied in the case of a body corporate by
signature on behalf of the body or by the affixing of its seal—
(a) section 26D(2)(a) (assertion of performer’s moral rights);
(b) section 26J(2) (waiver of performer’s moral rights).85
86

31 Subordinate legislation

(1) The provisions of section 176 of the Copyright Act 1991 (orders etc.) apply
with any necessary modifications for the purposes of this Act and
subordinate legislation made under this Act as they apply for the
purposes of that Act and subordinate legislation made under that Act.
(2) In this section “subordinate legislation” means any order or regulations
made by the Council of Ministers87
or any Department (except an order
under section 36).
32 Expressions having same meaning as in copyright provisions

[P1988/48/211]
(1) The following expressions have the same meaning in this Act as in the
Copyright Act 1991 —
broadcast,
business,
[Repealed]88

country,
film,
the EEA,89

EEA state,90

Section 33 Performers Protection Act 1996


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literary work,
published,
sound recording, and
the Tribunal.
(2) The provisions of —
(a) section 5A(2) and (3) (supplementary provisions relating to films),
and
(b) section 6(3) and (4) and section 19(4) (supplementary provisions
relating to broadcasting),
of the Copyright Act 1991 apply for the purposes of this Act, and in
relation to an infringement of the rights conferred by this Act, as they
apply for the purposes of that Act and in relation to an infringement of
copyright.91

33 Index of defined expressions
92

[P1988/48/212]
The following Table shows provisions defining or otherwise explaining
expressions used in this Act (other than provisions defining or explaining an
expression used only in the same section) — broadcast (and related
expressions)
section 32(1) (and Copyright Act 1991
section 6)
business section 32(1) (and Copyright Act 1991
section 174)
consent of performer (in relation
to performer’s property rights)
section 12A(2)
country section 32(1) (and Copyright Act 1991
section 174)
distribution right section 3B(5)
the EEA and EEA state section 32(1) (and Copyright Act 1991 section
169A)
exclusive recording contract section 6(1)
film section 32(1) (and Copyright Act 1991
section 5A)
group section 26C(4)
illicit recording section 18
literary work section 32(1) (and Copyright Act 1991
section 3(1))
performance section 1(2)
performer’s non-property rights section 13(1)
performer’s property rights section 13(1)
published section 32(1) (and Copyright Act 1991
section 172)
qualifying country section 27(1)
qualifying individual section 27(1) and (2)
qualifying performance section 2
qualifying person section 27(1) and (3)
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recording (of a performance) section 1(2)
recording rights (person having) section 6(2) and (3)
rental right section 3C(6)
reproduction right section 3A(4)
rights owner (in relation to
performer’s property rights)
section 12A(3) and (4)
sound recording section 32(1) (and Copyright Act 1991
section 5)
the Tribunal section 32(1) (and Copyright Act 1991
section 142)93

34 Amendments

(1) [Amends section 113 of the Copyright Act 1991.]
(2) [Amends section 19 of the Design Right Act 1991.]
35 Amendments

(1) The Copyright Act 1991 is further amended in accordance with Part 1 of
Schedule 2.
(2) Schedule 3 (provisions relating to forfeiture) to the Customs and Excise
Management Act 1986 is amended is accordance with Part 2 of Schedule 2.
36 Short title and commencement

This Act may be cited as the Performers’ Protection Act 1996, and shall come into
operation on such day as the Department of Community, Culture and Leisure
may by order appoint.94
95

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c AT 12 of 1996 Page 47

Schedule 1

RIGHTS IN PERFORMANCES: PERMITTED ACTS

Section 10
[P1988/48/Sch 2]
Introductory
1. (1) The provisions of this Schedule specify acts which may be done in
relation to a performance or recording notwithstanding the rights conferred by this
Act; they relate only to the question of infringement of those rights and do not affect
any other right or obligation restricting the doing of any of the specified acts.
(2) No inference shall be drawn from the description of any act which may
by virtue of this Schedule be done without infringing the rights conferred by this Act
as to the scope of those rights.
(3) The provisions of this Schedule are to be construed independently of
each other, so that the fact that an act does not fall within one provision does not mean
that it is not covered by another provision.
Making of temporary copies96

1A. The rights conferred by this Act are not infringed by the making of a temporary
copy of a recording of a performance which is transient or incidental, which is an
integral and essential part of a technological process and the sole purpose of which is
to enable —
(a) a transmission of the recording in a network between third parties
by an intermediary; or
(b) a lawful use of the recording;
and which has no independent economic significance.97

Criticism, reviews and news reporting
2. (1) Fair dealing with a performance or recording for the purpose of criticism
or review, of that or another performance or recording, or of a work, does not infringe
any of the rights conferred by this Act provided that the performance or recording has
been made available to the public.98

(1A) Fair dealing with a performance or recording for the purpose of
reporting current events does not infringe any of the rights conferred by this Act.99

(2) Expressions used in this paragraph have the same meaning as in
section 30 of the Copyright Act 1991.
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Incidental inclusion of performance or recording
3. (1) The rights conferred by this Act are not infringed by the incidental
inclusion of a performance or recording in a sound recording, film, broadcast or cable
programme.
(2) Nor are those rights infringed by anything done in relation to copies of,
or the playing, showing, broadcasting or inclusion in a cable programme service of,
anything whose making was, by virtue of sub-paragraph (1), not an infringement of
those rights.
(3) A performance or recording so far as it consists of music, or words
spoken or sung with music, shall not be regarded as incidentally included in a sound
recording, broadcast or cable programme if it is deliberately included.
(4) Expressions used in this paragraph have the same meaning as in
section 31 of the Copyright Act 1991.
Things done for purposes of instruction or examination
4. (1) The rights conferred by this Act are not infringed by the copying of a
recording of a performance in the course of instruction, or of preparation for
instruction, in the making of films or film sound-tracks, provided the copying is done
by a person giving or receiving instruction and the instruction is for a non-commercial
purpose.100

(2) The rights conferred by this Act are not infringed —
(a) by the copying of a recording of a performance for the purposes of
setting or answering the questions in an examination, or
(b) by anything done for the purposes of an examination by way of
communicating the questions to the candidates.
(3) Where a recording which would otherwise be an illicit recording is made
in accordance with this paragraph but is subsequently dealt with, it shall be treated as
an illicit recording for the purposes of that dealing, and if that dealing infringes any
right conferred by this Act for all subsequent purposes.
For this purpose “dealt with” means —
(a) sold or let for hire, offered or exposed for sale or hire; or
(b) communicated to the public, unless that communication, by virtue
of sub-paragraph (2)(b), is not an infringement of the rights
conferred by this Act.101

(4) Expressions used in this paragraph have the same meaning as in
section 32 of the Copyright Act 1991.
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Playing or showing sound recording, film, broadcast or cable programme at educational
establishment
5. (1) The playing or showing of a sound recording, film, broadcast or cable
programme at an educational establishment for the purposes of instruction before an
audience consisting of teachers and pupils at the establishment and other persons
directly connected with the activities of the establishment is not a playing or showing
of a performance in public for the purposes of infringement of the rights conferred by
this Act.
(2) A person is not for this purpose directly connected with the activities of
the educational establishment simply because he is the parent of a pupil at the
establishment.
(3) Expressions used in this paragraph have the same meaning as in
section 34 of the Copyright Act 1991 and any provision made under section 171(2) of
that Act with respect to the application of that section also applies for the purposes of
this paragraph.
Recording of broadcasts by educational establishments102

6. (1) A recording of a broadcast, or a copy of such a recording, may be made
by or on behalf of an educational establishment for the educational purposes of that
establishment without thereby infringing any of the rights conferred by this Act in
relation to any performance or recording included in it, provided that it is
accompanied by a sufficient acknowledgement of the broadcast and that the
educational purposes are non-commercial.103

(1A) The rights conferred by this Act are not infringed where a recording of a
broadcast or a copy of such a recording, whose making was by virtue of sub-paragraph
(1) not an infringement of such rights, is communicated to the public by a person
situated within the premises of an educational establishment provided that the
communication cannot be received by any person situated outside the premises of that
establishment.104

(2) Where a recording which would otherwise be an illicit recording is made
in accordance with this paragraph but is subsequently dealt with, it shall be treated as
an illicit recording for the purposes of that dealing, and if that dealing infringes any
right conferred by this Act for all subsequent purposes.
For this purpose “dealt with” means sold or let for hire, offered or exposed for sale or
hire, or communicated from within the premises of an educational establishment to
any person situated outside those premises.105

(3) Expressions used in this paragraph have the same meaning as in
section 35 of the Copyright Act 1991 and any provision made under section 171(2) of
that Act with respect to the application of that section also applies for the purposes of
this paragraph.
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Copy of work required to be made as condition of export
7. (1) If an article of cultural or historical importance or interest cannot
lawfully be exported from the Island unless a copy of it is made and deposited in an
appropriate library or archive, it is not an infringement of any right conferred by this
Act to make that copy.
(2) Expressions used in this paragraph have the same meaning as in
section 44 of the Copyright Act 1991.
Tynwald and judicial proceedings
8. (1) The rights conferred by this Act are not infringed by anything done for
the purposes of Tynwald proceedings or judicial proceedings or for the purpose of
reporting such proceedings.
(2) Expressions used in this paragraph have the same meaning as in
section 45 of the Copyright Act 1991.
Commissions and statutory inquiries
9. (1) The rights conferred by this Act are not infringed by anything done for
the purposes of the proceedings of a commission or committee appointed by the
Governor or a statutory inquiry or for the purpose of reporting any such proceedings
held in public.
(2) Expressions used in this paragraph have the same meaning as in
section 46 of the Copyright Act 1991.
Public records
10. Material which is comprised in records which are open to public inspection at
the General Registry, the Diocesan Registry or the Manx Museum may be copied, and a
copy may be supplied to any person, by or with the authority of the Chief Registrar,
the Diocesan Registrar or the Director of the Manx Museum, as the case may be,
without infringing any right conferred by this Act.
Acts done under statutory authority
11. (1) Where the doing of a particular act is specifically authorised by a
statutory provision, whenever made, then, unless it provides otherwise, the doing of
that act does not infringe the rights conferred by this Act.
(2) Nothing in this paragraph shall be construed as excluding any defence of
statutory authority otherwise available under or by virtue of any enactment.
Transfer of copies of works in electronic form
12. (1) This paragraph applies where a recording of a performance in electronic
form has been purchased on terms which, expressly or impliedly or by virtue of any
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rule of law, allow the purchaser to make further recordings in connection with his use
of the recording.
(2) If there are no express terms —
(a) prohibiting the transfer of the recording by the purchaser,
imposing obligations which continue after a transfer, prohibiting
the assignment of any consent or terminating any consent on a
transfer, or
(b) providing for the terms on which a transferee may do the things
which the purchaser was permitted to do,
anything which the purchaser was allowed to do may also be done by a
transferee without infringement of the rights conferred by this Act, but
any recording made by the purchaser which is not also transferred shall
be treated as an illicit recording for all purposes after the transfer.
(3) The same applies where the original purchased recording is no longer
usable and what is transferred is a further copy used in its place.
(4) The above provisions also apply on a subsequent transfer, with the
substitution for references in sub-paragraph (2) to the purchaser of references to the
subsequent transferor.
(5) This paragraph does not apply in relation to a recording purchased
before the commencement of section 1.
(6) Expressions used in this paragraph have the same meaning as in
section 56 of the Copyright Act 1991.
Use of recordings of spoken works in certain cases
13. (1) Where a recording of the reading or recitation of a literary work is made
for the purpose —
(a) of reporting current events, or
(b) of communicating to the public the whole or part of the reading or
recitation,106

it is not an infringement of the rights conferred by this Act to use the recording (or to
copy the recording and use the copy) for that purpose, provided the following
conditions are met.
(2) The conditions are that —
(a) the recording is a direct recording of the reading or recitation and
is not taken from a previous recording or from a broadcast;107

(b) the making of the recording was not prohibited by or on behalf of
the person giving the reading or recitation;
(c) the use made of the recording is not of a kind prohibited by or on
behalf of that person before the recording was made; and
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(d) the use is by or with the authority of a person who is lawfully in
possession of the recording.
(3) Expressions used in this paragraph have the same meaning as in
section 58 of the Copyright Act 1991.
Recordings of folksongs
14. (1) A recording of a performance of a song may be made for the purpose of
including it in an archive maintained by a designated body without infringing any of
the rights conferred by this Act, provided the conditions in sub-paragraph (2) below
are met.
(2) The conditions are that —
(a) the words are unpublished and of unknown authorship at the
time the recording is made,
(b) the making of the recording does not infringe any copyright, and
(c) its making is not prohibited by any performer.
(3) Copies of a recording made in reliance on sub-paragraph (1) and
included in an archive maintained by a designated body may, if the prescribed
conditions are met, be made and supplied by the archivist without infringing any of
the rights conferred by this Act.
(4) In this paragraph —
“designated body” means a body designated for the purposes of section 61 of
the Copyright Act 1991, and
“the prescribed conditions” means the conditions prescribed for the purposes of
subsection (3) of that section;
and other expressions used in this paragraph have the same meaning as in that
section.
Playing of sound recordings for purposes of club, society, etc
15. (1) It is not an infringement of any right conferred by this Act to play a
sound recording as part of the activities of, or for the benefit of, a club, society or other
organisation if the following conditions are met.
(2) The conditions are —
(a) that the organisation is not established or conducted for profit and
its main objects are charitable or are otherwise concerned with the
advancement of religion, education or social welfare,
(b) that the sound recording is played by a person who is acting
primarily and directly for the benefit of the organisation and who
is not acting with a view to gain,108

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(c) that the proceeds of any charge for admission to the place where
the recording is to be heard are applied solely for the purposes of
the organisation, and109

(d) that the proceeds from any goods or services sold by, or on behalf
of, the organisation —
(i) in the place where the sound recording is heard, and
(ii) on the occasion when the sound recording is played, are
applied solely for the purposes of the organisation.110

(3) Expressions used in this paragraph have the same meaning as in
section 67 of the Copyright Act 1991.
Incidental recording for purposes of broadcast111

16. (1) A person who proposes to broadcast a recording of a performance in
circumstances not infringing the rights conferred by this Act shall be treated as having
consent for the purposes of that Act for the making of a further recording for the
purposes of the broadcast.112

(2) That consent is subject to the condition that the further recording —
(a) shall not be used for any other purpose, and
(b) shall be destroyed within 28 days of being first used for
broadcasting the performance.113

(3) A recording made in accordance with this paragraph shall be treated as
an illicit recording —
(a) for the purposes of any use in breach of the condition mentioned
in sub-paragraph (2)(a), and
(b) for all purposes after that condition or the condition mentioned in
sub-paragraph (2)(b) is broken.
(4) Expressions used in this paragraph have the same meaning as in
section 68 of the Copyright Act 1991.
Recordings for purposes of supervision and control of broadcasts and cable programmes
17. (1) The rights conferred by this Act are not infringed by the making or use
by the British Broadcasting Corporation, for the purpose of maintaining supervision
and control over programmes broadcast by them, of recordings of those programmes.
(2) The rights conferred by this Act are not infringed by anything done in
pursuance of —
(a) section 11(1) or 95(1) of the Broadcasting Act 1990 (an Act of
Parliament) or section 115(4) or (6), 116(5) or 117 of the
Broadcasting Act 1996 (an Act of Parliament), as they have effect
in the Island;
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(b) a condition which, by virtue of section 11(2) or 95(2) of the said
Act of 1990, is included in a licence granted under Part I or III of
that Act or Part I or II of the said Act of 1996; or
(c) a direction given under section 109(2) of the said Act of 1990
(power to require production of recordings etc.).114

(3) The rights conferred by this Act are not infringed by —
(a) the use by the Independent Television Commission or the Radio
Authority, in connection with the performance of any of their
functions under the said Act of 1990 or the said Act of 1996, of any
recording, script or transcript which is provided to them under or
by virtue of any provision of those Acts;
(b) the use by the Broadcasting Standards Commission, in connection
with any complaint made to them under the said Act of 1996 of
any recording or transcript which is provided to them in
accordance with section 115(4) or (6) or 116(5) of that Act; or
(c) the making or use of recordings by the Communications
Commission for the purpose of maintaining supervision over the
programmes included in licensed services within the meaning of
Part 1 of the Broadcasting Act 1993, or by the licence holder in
pursuance of a condition included in a licence under that Part for
that purpose.115

Recording for purposes of time-shifting116

17A. (1) The making in domestic premises for private and domestic use of a
recording of a broadcast solely for the purpose of enabling it to be viewed or listened
to at a more convenient time does not infringe any right conferred by this Act in
relation to a performance or recording included in the broadcast.
(2) The making by or on behalf of an educational establishment of a
recording of a broadcast solely for the purpose of enabling it to be viewed or listened
to at a more convenient time for the educational purposes of that establishment does
not infringe any right conferred by this Act in relation to a performance or recording
included in the broadcast, provided that it is accompanied by a sufficient
acknowledgement of the broadcast and that the educational purposes are non-
commercial.
(3) Where a recording which would otherwise be an illicit recording is made
in accordance with this paragraph but is subsequently dealt with —
(a) it shall be treated as an illicit recording for the purposes of that
dealing; and
(b) if that dealing infringes any right conferred by this Act, it shall be
treated as an illicit recording for all subsequent purposes.
(4) In sub-paragraph (3), “dealt with” means sold or let for hire, offered or
exposed for sale or hire or communicated to the public.
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(5) Expressions used in this paragraph have the same meanings as in section
70 of the Copyright Act 1991.117

Photographs of broadcasts118

17B. (1) The making in domestic premises for private and domestic use of a
photograph of the whole or any part of an image forming part of a broadcast, or a copy
of such a photograph, does not infringe any right conferred by this Act in relation to a
performance or recording included in the broadcast.
(2) Where a recording which would otherwise be an illicit recording is made
in accordance with this paragraph but is subsequently dealt with —
(a) it shall be treated as an illicit recording for the purposes of that
dealing; and
(b) if that dealing infringes any right conferred by this Act, it shall be
treated as an illicit recording for all subsequent purposes.
(3) In sub-paragraph (2), “dealt with” means sold or let for hire, offered or
exposed for sale or hire or communicated to the public.
(4) Expressions used in this paragraph have the same meanings as in section
71 of the Copyright Act 1991.119

Free public showing or playing of broadcast120

18. (1) The showing 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 right conferred by this Act in relation to a performance or recording
included in —
(a) the broadcast, or
(b) any sound recording (except so far as it is an excepted sound
recording) or film which is played or shown in public by
reception of the broadcast.121

(1A) The showing 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 right conferred by this Act in relation to a performance or recording
included in any excepted sound recording which is played in public by reception of the
broadcast, if the playing or showing of that broadcast in public is necessary for the
purposes of —
(a) repairing equipment for the reception of broadcasts;
(b) demonstrating that a repair to such equipment has been carried
out; or
(c) demonstrating such equipment which is being sold or let for hire
or offered or exposed for sale or hire.122

(2) The audience shall be treated as having paid for admission to a place —
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(a) if they have paid for admission to a place of which that place
forms part; or
(b) if goods or services are supplied at that place (or a place of which
it forms part) —
(i) at prices which are substantially attributable to the
facilities afforded for seeing or hearing the broadcast, or
(ii) at prices exceeding those usually charged there and which
are partly attributable to those facilities. 123

(3) The following shall not be regarded as having paid for admission to a
place —
(a) persons admitted as residents or inmates of the place;
(b) persons admitted as members of a club or society where the
payment is only for membership of the club or society and the
provision of facilities for seeing or hearing broadcasts is only
incidental to the main purposes of the club or society.124

(4) Where the making of the broadcast was an infringement of the rights
conferred by this Act in relation to a performance or recording, the fact that it was
heard or seen in public by the reception of the broadcast shall be taken into account in
assessing the damages for that infringement.125

(5) Expressions used in this paragraph have the same meaning as in
section 72 of the Copyright Act 1991.
Reception and re-transmission of wireless broadcast by cable126

19. (1) This paragraph applies where a wireless broadcast made from a place in
the Island is received and immediately re-transmitted by cable.127

(2) The rights conferred by this Act in relation to a performance or recording
included in the broadcast are not infringed if and to the extent that the broadcast is
made for reception in the area in which it is re-transmitted by cable; but where the
making of the broadcast was an infringement of those rights, the fact that the broadcast
was re-transmitted by cable shall be taken into account in assessing the damages for
that infringement.128

(3) Expressions used in this paragraph have the same meaning as in
section 73 of the Copyright Act 1991.
Provision of sub-titled copies of broadcast129

20. (1) A designated body may, for the purpose of providing people who are
deaf or hard of hearing, or physically or mentally handicapped in other ways, with
copies which are sub-titled or otherwise modified for their special needs, make
recordings of broadcasts and copies of such recordings, and issue copies to the public,
without infringing any right conferred by this Act in relation to a performance or
recording included in the broadcast.130

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(2) In this paragraph “designated body” means a body designated for the
purposes of section 74 of the Copyright Act 1991 and other expressions used in this
paragraph have the same meaning as in that section.
Recording of broadcast for archival purposes131

21. (1) A recording of a broadcast of a designated class, or a copy of such a
recording, may be made for the purpose of being placed in an archive maintained by a
designated body without thereby infringing any right conferred by this Act in relation
to a performance or recording included in the broadcast.132

(2) In this paragraph “designated class” and “designated body” means a
class or body designated for the purposes of section 75 of the Copyright Act 1991 and
other expressions used in this paragraph have the same meaning as in that section.
SCHEDULE 1A
133

Sections 26A and 26B
LICENSING OF PERFORMERS’ RIGHTS
134

Licensing schemes and licensing bodies
1. (1) In this Act a “licensing scheme
” means a scheme setting out —
(a) the classes of case in which the operator of the scheme, or the
person on whose behalf he acts, is willing to grant performers’
property right licences, and
(b) the terms on which licences would be granted in those classes of
case;
and for this purpose a “scheme
” includes anything in the nature of a scheme, whether
described as a scheme or as a tariff or by any other name.
(2) In this Act a “licensing body
” means a society or other organisation
which has as its main object, or one of its main objects, the negotiating or granting,
whether as owner or prospective owner of a performer’s property rights or as agent for
him, of performers’ property right licences, and whose objects include the granting of
licences covering the performances of more than one performer.
(3) In this paragraph “performers’ property right licences” means licences to
do, or authorise the doing of, any of the things for which consent is required under
section 3A, 3B, 3C or 3D.
(4) References in this Act to licences or licensing schemes covering the
performances of more than one performer do not include licences or schemes covering
only —
(a) performances recorded in a single recording,
(b) performances recorded in more than one recording where —
(i) the performers giving the performances are the same, or
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(ii) the recordings are made by, or by employees of or
commissioned by, a single individual, firm, company or
group of companies. For purpose a group of companies
means a holding company and its subsidiaries within the
meaning of section 1 of the Companies Act 1974.
Power to provide for licensing of orphan rights135

1A. (1) The Department may by regulations provide for the grant of licences to
do, or authorise the doing of, acts to which section 3, 3A, 3B, 3C, 3D, 4 or 5 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) authorise a person or a description of persons specified, or
determined in accordance with, the regulations to grant licences;
or
(b) provide for a person designated, or determined in accordance
with, 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 as an orphan
right, it is a requirement that the owner of the right has not been found after a diligent
search made in accordance with the regulations.
(4) The regulations must provide for any licence —
(a) to have effect as if granted by the missing owner;
(b) not to give exclusive rights;
(c) not to be granted to a person authorised to grant licences.
(5) The regulations may apply in a case where it is not known whether a
performer’s right subsists, and references to a right, to a missing owner and to an
interest of a missing owner are to be read as including references to a supposed right,
owner or interest.136

Extended collective licensing137

1B. (1) The Department may by regulations provide for a licensing body
specified in or determined in accordance with the regulations to be authorised to grant
licences to do, or authorise the doing of, acts to which section 3, 3A, 3B, 3C, 3D, 4 or 5
applies in respect of a performance, where the right to authorise or prohibit the act is
not owned by the body or a person on whose behalf the body acts.
(2) An authorisation must specify the acts to which any of those sections
applies that the licensing body is authorised to license.
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(3) The regulations must provide for the rights owner to have a right to limit
or exclude the grant of licences by virtue of the regulations.
(4) The regulations must provide for any licence not to give exclusive
rights.138

General provision about licensing139

1C. (1) This paragraph and paragraph 1D apply to regulations under
paragraphs 1A and 1B.
(2) The regulations may provide for a body to be or remain authorised to
grant licences only if specified requirements are met, and for a question whether they
are met to be determined by a person, and in a manner, specified in the regulations.
(3) The regulations may specify other matters to be taken into account in any
decision to be made under the regulations as to whether to authorise a person to grant
licences.
(4) The regulations must provide for the treatment of any royalties or other
sums paid in respect of a licence, including —
(a) the deduction of administrative costs;
(b) the period for which sums must be held;
(c) the treatment of sums after that period (as bona vacantia or
otherwise).
(5) The regulations must provide for circumstances in which an
authorisation to grant licences may be withdrawn, and for determining the rights and
obligations of any person if an authorisation is withdrawn.
(6) The regulations may include other provision for the purposes of
authorisation and licensing, including in particular provision —
(a) for determining the rights and obligations of any person if a right
ceases to qualify as an orphan right (or ceases to qualify by
reference to any rights owner), or if a rights owner exercises the
right referred to in paragraph 1B(3), while a licence is in force;
(b) about maintenance of registers and access to them;
(c) permitting the use of a work for incidental purposes including an
application or search;
(d) for a right conferred by section 26C to be treated as having been
asserted under section 26D;
(e) for the payment of fees to cover administrative expenses.140

1D. (1) The power to make regulations includes power —
(a) to make incidental, supplementary or consequential provision,
including provision extending or restricting the jurisdiction of the
Tribunal or conferring powers on it;
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(b) to make transitional, transitory or saving provision;
(c) to make different provision for different purposes.
(2) Regulations under any provision may amend this Act, or any statutory
provision made before that provision comes into operation, for the purpose of making
consequential provision or extending or restricting the jurisdiction of the Tribunal or
conferring powers on it.
(3) Regulations may make provision by reference to guidance issued from
time to time by any person.141

References and applications with respect to licensing schemes
2. Paragraphs 3 to 8 (references and applications with respect to licensing
schemes) apply to licensing schemes operated by licensing bodies in relation to a
performer’s property rights which cover the performances of more than one performer,
so far as they relate to licences for —
(a) copying a recording of the whole or any substantial part of a
qualifying performance,
(b) renting copies of a recording to the public, or
(c) making such a recording available to the public in the way
mentioned in section 3D(1),
and in those paragraphs “licensing scheme” means a licensing scheme of any of those
descriptions.
Reference of proposed licensing scheme to tribunal
3. (1) The terms of a licensing scheme proposed to be operated by a
licensing body may be referred to the Tribunal by an organisation claiming to be
representative of persons claiming that they require licences in cases of a description to
which the scheme would apply, either generally or in relation to any description of
case.
(2) The Tribunal shall first decide whether to entertain the reference, and
may decline to do so on the ground that the reference is premature.
(3) If the Tribunal decides to entertain the reference it shall consider the
matter referred and make such order, either confirming or varying the proposed
scheme, either generally or so far as it relates to cases of the description to which the
reference relates, as the Tribunal may determine to be reasonable in the circumstances.
(4) The order may be made so as to be in force indefinitely or for such period
as the Tribunal may determine.
Reference of licensing scheme to tribunal
4. (1) If while a licensing scheme is in operation a dispute arises between the
operator of the scheme and —
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(a) a person claiming that he requires a licence in a case of a
description to which the scheme applies, or
(b) an organisation claiming to be representative of such persons,
that person or organisation may refer the scheme to the Tribunal in so far as it relates to
cases of that description.
(2) A scheme which has been referred to the Tribunal under this paragraph
shall remain in operation until proceedings on the reference are concluded.
(3) The Tribunal shall consider the matter in dispute and make such order,
either confirming or varying the scheme so far as it relates to cases of the description to
which the reference relates, as the Tribunal may determine to be reasonable in the
circumstances.
(4) The order may be made so as to be in force indefinitely or for such period
as the Tribunal may determine.
Further reference of scheme to tribunal
5. (1) Where the Tribunal has on a previous reference of a licensing scheme
under paragraph 3 or 4, or under this paragraph, made an order with respect to the
scheme, then, while the order remains in force —
(a) the operator of the scheme,
(b) a person claiming that he requires a licence in a case of the
description to which the order applies, or
(c) an organisation claiming to be representative of such persons,
may refer the scheme again to the Tribunal so far as it relates to cases of that
description.
(2) A licensing scheme shall not, except with the special leave of the
Tribunal, be referred again to the Tribunal in respect of the same description of cases —
(a) within 12 months from the date of the order on the previous
reference, or
(b) if the order has made so as to be in force for 15 months or less,
until the last 3 months before the expiry of the order.
(3) A scheme which has been referred to the Tribunal under this paragraph
shall remain in operation until proceedings on the reference are concluded.
(4) The Tribunal shall consider the matter in dispute and make such order,
either confirming, varying or further varying the scheme so far as it relates to cases of
the description to which the reference relates, as the Tribunal may determine to be
reasonable in the circumstances.
(5) The order may be made so as to be in force indefinitely or for such period
as the Tribunal may determine.
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Application for grant of licence in connection with licensing scheme
6. (1) A person who claims, in a case covered by a licensing scheme, that the
operator of the scheme has refused to grant him or procure the grant to him of a licence
in accordance with the scheme, or has failed to do so within a reasonable time after
being asked, may apply to the Tribunal.
(2) A person who claims, in a case excluded from a licensing scheme, that
the operator of the scheme either —
(a) has refused to grant him a licence or procure the grant to him of a
licence, or has failed to do so within a reasonable time of being
asked, and that in the circumstances it is unreasonable that a
licence should not be granted, or
(b) proposes terms for a licence which are unreasonable,
may apply to the Tribunal.
(3) A case shall be regarded as excluded from a licensing scheme for the
purposes of sub-paragraph (2) if —
(a) the scheme provides for the grant of licences subject to terms
excepting matters from the licence and the case falls within such
an exception, or
(b) the case is so similar to those in which licences are granted under
the scheme that it is unreasonable that it should not be dealt with
in the same way.
(4) If the Tribunal is satisfied that the claim is well-founded, it shall make an
order declaring that, in respect of the matters specified in the order, the applicant is
entitled to a licence on such terms as the Tribunal may determine to be applicable in
accordance with the scheme or, as the case may be, to be reasonable in the
circumstances.
(5) The order may be made so as to be in force indefinitely or for such period
as the Tribunal may determine.

Application for review of order as to entitlement to licence
7. (1) Where the Tribunal has made an order under paragraph 6 that a person
is entitled to a licence under a licensing scheme, the operator of the scheme or the
original applicant may apply to the Tribunal to review its order.
(2) An application shall not be made, except with the special leave of the
Tribunal —
(a) within 12 months from the date of the order, or of the decision on
a previous application under this paragraph, or
(b) if the order was made so as to be in force for 15 months or less, or
as a result of the decision on a previous application under this
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paragraph is due to expire within 15 months of that decision, until
the last 3 months before the expiry date.
(3) The Tribunal shall on an application for review confirm or vary its order
as the Tribunal may determine to be reasonable having regard to the terms applicable
in accordance with the licensing scheme or, as the case may be, the circumstances of
the case.
Effect of order of tribunal as to licensing scheme
8. (1) A licensing scheme which has been confirmed or varied by the Tribunal
under paragraph 3, 4 or 5 shall be in force or, as the case may be, remain in operation,
so far as it relates to the description of case in respect of which the order was made, so
long as the order remains in force.
(2) While the order is in force a person who in a case of a class to which the
order applies —
(a) pays to the operator of the scheme any charges payable under the
scheme in respect of a licence covering the case in question or, if
the amount cannot be ascertained, gives an undertaking to the
operator to pay them when ascertained, and
(b) complies with the other terms applicable to such a licence under
the scheme,
shall be in the same position as regards infringement of performers’ property rights as
if he had at all material times been the holder of a licence granted by the rights owner
in question in accordance with the scheme.
(3) The Tribunal may direct that the order, so far as it varies the amount of
charges payable, has effect from a date before that on which it is made, but not earlier
than the date on which the reference was made or, if later, on which the scheme came
into operation.
If such a direction is made —
(a) any necessary repayments, or further payments, shall be made in
respect of charges already paid, and
(b) the reference in sub-paragraph (2)(a) to the charges payable under
the scheme shall be construed as a reference to the charges so
payable by virtue of the order.
No such direction may be made where sub-paragraph (4) applies.
(4) Where the Tribunal has made an order under paragraph 6 (order as to
entitlement to licence under licensing scheme) and the order remains in force, the
person in whose favour the order is made shall, if he —
(a) pays to the operator of the scheme any charges payable in
accordance with the order or, if the amount cannot be ascertained,
gives an undertaking to pay the charges when ascertained, and
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(b) complies with the other terms specified in the order,
be in the same position as regards infringement of performers’ property rights as if he
had at all material times been the holder of a licence granted by the rights owner in
question on the terms specified in the order.
References and applications with respect to licensing by licensing bodies
9. Paragraphs 10 to 13 (references and applications with respect to licensing by
licensing bodies) apply to licences relating to a performer’s property rights which
cover the performance of more than one performer granted by a licensing body
otherwise than in pursuance of a licensing scheme, so far as the licences authorise —
(a) copying a recording of the whole or any substantial part of a
qualifying performance,
(b) renting copies of a recording to the public, or
(c) making such a recording available to the public in the way
mentioned in section 3D(1),
and references in those paragraphs to a licence shall be construed accordingly.
Reference to Tribunal of proposed licence
10. (1) The terms on which a licensing body proposes to grant a licence may be
referred to the Tribunal by the prospective licensee.
(2) The Tribunal shall first decide whether to entertain the reference, and
may decline to do so on the ground that the reference is premature.
(3) If the Tribunal decides to entertain the reference it shall consider the
terms of the proposed licence and make such order, either confirming or varying the
terms as it may determine to be reasonable in the circumstances.
(4) The order may be made so as to be in force indefinitely or for such period
as the Tribunal may determine.
Reference to Tribunal of expiring licence
11. (1) A licensee under a licence which is due to expire, by effluxion of time or
as a result of notice given by the licensing body, may apply to the Tribunal on the
ground that it is unreasonable in the circumstances that the licence should cease to be
in force.
(2) Such an application may not be made until the last 3 months before the
licence is due to expire.
(3) A licence in respect of which a reference has been made to the Tribunal
shall remain in operation until proceedings on the reference are concluded.
Performers Protection Act 1996 SCHEDULE 1A



c AT 12 of 1996 Page 65

(4) If the Tribunal finds the application well-founded, it shall make an order
declaring that the licensee shall continue to be entitled to the benefit of the licence on
such terms as the Tribunal may determine to be reasonable in the circumstances.
(5) An order of the Tribunal under this paragraph may be made so as to be
in force indefinitely or for such period as the Tribunal may determine.
Application for review of order as to licence
12. (1) Where the Tribunal has made an order under paragraph 10 or 11, the
licensing body or the person entitled to the benefit of the order may apply to the
Tribunal to review its order.
(2) An application shall not be made, except with the special leave of the
Tribunal —
(a) within 12 months from the date of the order or of the decision on
a previous application under this paragraph, or
(b) if the order was made so as to be in force for 15 months or less, or
as a result of the decision on a previous application under this
paragraph is due to expire within 15 months of that decision, until
the last 3 months before the expiry date.
(3) The Tribunal shall on an application for review confirm or vary its order
as the Tribunal may determine to be reasonable in the circumstances.

Effect of order of Tribunal as to licence
13. (1) Where the Tribunal has made an order under paragraph 10 or 11 and the
order remains in force, the person entitled to the benefit of the order shall if he —
(a) pays to the licensing body any charges payable in accordance
with the order or, if the amount cannot be ascertained, gives an
undertaking to pay the charges when ascertained, and
(b) complies with the other terms specified in the order,
be in the same position as regards infringement of performers’ property rights as if he
had at all material times been the holder of a licence granted by the rights owner in
question on the terms specified in the order.
(2) The benefit of the order may be assigned —
(a) in the case of an order under paragraph 10, if assignment is not
prohibited under the terms of the Tribunal’s order; and
(b) in the case of an order under paragraph 11, if assignment was not
prohibited under the terms of the original licence.
(3) The Tribunal may direct that an order under paragraph 10 or 11, or an
order under paragraph 12 varying such an order, so far as it varies the amount of
charges payable, has effect from a date before that on which it is made, but not earlier
Schedule 2
Performers Protection Act 1996


Page 66 AT 12 of 1996 c

than the date on which the reference or application was made or, if later, on which the
licence was granted or, as the case may be, was due to expire.
If such a direction is made —
(a) any necessary repayments, or further payments, shall be made in
respect of charges already paid, and
(b) the reference in sub-paragraph (1)(a) to the charges payable in
accordance with the order shall be construed, where the order is
varied by a later order, as a reference to the charges so payable by
virtue of the later order.
General considerations: unreasonable discrimination
14. (1) In determining what is reasonable on a reference or application under
this Schedule relating to a licensing scheme or licence, the Tribunal shall have regard to
—
(a) the availability of other schemes, or the granting of other licences,
to other persons in similar circumstances, and
(b) the terms of those schemes or licences,
and shall exercise its powers so as to secure that there is no unreasonable
discrimination between licensees, or prospective licensees, under the scheme or licence
to which the reference or application relates and licensees under other schemes
operated by, or other licences granted by, the same person.
(2) This does not affect the Tribunal’s general obligation in any case to have
regard to all relevant circumstances.
Schedule 2

FURTHER AMENDMENTS

Section 35
PART 1 – MINOR AMENDMENTS OF THE COPYRIGHT ACT

1991

Enforcement
1. [Section 106A inserted]
PART 2 – AMENDMENTS OF SCHEDULE 3 TO THE CUSTOMS

AND EXCISE MANAGEMENT ACT 1986

Performers Protection Act 1996 Endnotes


c AT 12 of 1996 Page 67

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (1A) inserted by Copyright etc (Amendment) Act 2014 s 18. 2
S 3 substituted by SD75/13. 3
S 3A inserted by SD75/13. 4
S 3B inserted by SD75/13. 5
S 3C inserted by SD75/13. 6
S 3D inserted by SD75/13. 7
S 3E inserted by SD75/13. 8
Subs (1) amended by SD75/13. 9
S 10A inserted by Copyright (Amendment) Act 1999 s 2. 10
Subs (1) substituted by SD75/13. 11
Subs (2) amended by SD75/13. 12
Subs (3) amended by Copyright etc (Amendment) Act 2014 s 7. 13
Subs (4) repealed by SD75/13. 14
Subs (6) amended by SD75/13. 15
Cross-heading substituted by SD75/13. 16
S 12 substituted by SD75/13. 17
S 12A inserted by SD75/13. 18
S 12B inserted by SD75/13. 19
S 12C inserted by SD75/13. 20
S 12D inserted by SD75/13. 21
S 12E inserted by SD75/13. 22
S 12F inserted by SD75/13. 23
S 12G inserted by SD75/13.
Endnotes Performers Protection Act 1996


Page 68 AT 12 of 1996 c

24
S 12H inserted by SD75/13. 25
S 12I inserted by SD75/13. 26
S 12J inserted by SD75/13. 27
S 12K inserted by SD75/13. 28
S 12L inserted by SD75/13. 29
S 13 substituted by SD75/13. 30
S 13A inserted by SD75/13. 31
Subs (1) amended by SD75/13. 32
Subs (3) amended by SD75/13. 33
Cross-heading amended by SD75/13. 34
Subs (1) amended by SD75/13. 35
Subs (2) inserted by SD75/13. 36
Subs (3) inserted by SD75/13. 37
Cross-heading inserted by SD75/13. 38
Definition of “prescribed” amended by SD321/96, by SD155/10 Sch 1 and by
SD2014/07. 39
Subs (5) amended by SD75/13. 40
S 18A inserted by SD75/13. 41
Subs (1A) inserted by SD75/13. 42
Para (a) amended by Copyright etc (Amendment) Act 2014 s 16. 43
Para (b) amended by Copyright etc (Amendment) Act 2014 s 16. 44
Para (a) amended by Copyright etc (Amendment) Act 2014 s 16. 45
Subs (5A) inserted by SD75/13. 46
Subs (1) amended by SD579/98. 47
Subs (2) amended by SD579/98. 48
S 20 commences 1/1/2013 by SD691/12 49
Para (a) amended by SD75/13. 50
Subs (4) inserted by SD75/13. 51
S 26ZA inserted by Copyright etc (Amendment) Act 2014 s 17. 52
Heading amended by Copyright etc (Amendment) Act 2014 s 19. 53
S 26A inserted by SD75/13 and amended by Copyright etc (Amendment) Act 2014 s
19. 54
Cross-heading inserted by SD75/13. 55
S 26B inserted by SD75/13. 56
Heading inserted by Copyright etc (Amendment) Act 2014 s 18. 57
S 26C inserted by Copyright etc (Amendment) Act 2014 s 18, not applicable to
performances before 01/05/2015. 58
S 26D inserted by Copyright etc (Amendment) Act 2014 s 18, not applicable to
performances before 01/05/2015. 59
S 26E inserted by Copyright etc (Amendment) Act 2014 s 18, not applicable to
performances before 01/05/2015. 60
Heading inserted by Copyright etc (Amendment) Act 2014 s 18.
Performers Protection Act 1996 Endnotes


c AT 12 of 1996 Page 69

61
S 26F inserted by Copyright etc (Amendment) Act 2014 s 18, not applicable to
performances before 01/05/2015. 62
S 26G inserted by Copyright etc (Amendment) Act 2014 s 18, not applicable to
performances before 01/05/2015. 63
S 26H inserted by Copyright etc (Amendment) Act 2014 s 18, not applicable to
performances before 01/05/2015. 64
Heading inserted by Copyright etc (Amendment) Act 2014 s 18. 65
S 26I inserted by Copyright etc (Amendment) Act 2014 s 18. 66
S 26J inserted by Copyright etc (Amendment) Act 2014 s 18. 67
S 26K inserted by Copyright etc (Amendment) Act 2014 s 18. 68
S 26L inserted by Copyright etc (Amendment) Act 2014 s 18. 69
S 26M inserted by Copyright etc (Amendment) Act 2014 s 18. 70
S 26N inserted by Copyright etc (Amendment) Act 2014 s 18. 71
Para (b) substituted by Copyright etc (Amendment) Act 2014 s 20. 72
Para (ba) inserted by Copyright etc (Amendment) Act 2014 s 20. 73
Para (bb) inserted by Copyright etc (Amendment) Act 2014 s 20. 74
Subs (4) inserted by Copyright etc (Amendment) Act 2014 s 20. 75
Subs (5) inserted by Copyright etc (Amendment) Act 2014 s 20. 76
Opening words of subs (1) amended by SD861/11. 77
Para (b) amended by SD861/11. 78
Subs (4) amended by Copyright etc (Amendment) Act 2014 s 20. 79
Subs (1) amended by SD861/11. 80
Subs (2) amended by SD861/11. 81
Cross-heading inserted by SD75/13. 82
S 30A [Circumvention of protection measures and rights management information ]
inserted by SD75/13. 83
S 30A [Power to amend in consequence of changes to international law] inserted by
Copyright etc (Amendment) Act 2014 s 20. 84
S 30A [Power to amend in consequence of changes to international law] inserted by
Copyright etc (Amendment) Act 2014 s 20. 85
Subs (2) inserted by Copyright etc (Amendment) Act 2014 s 18. 86
S 30B inserted by SD75/13. 87
Subs (2) amended by SD861/11. 88
Expressions “cable programme” and “cable programme service” repealed by
SD75/13. 89
Expression “the EEA” inserted by SD75/13. 90
Expression “EEA state” inserted by SD75/13. 91
Subs (2) amended by SD75/13. 92
Table amended by Copyright etc (Amendment) Act 2014 s 18. 93
S 33 amended by SD75/13. 94
S 36 amended by SD155/10 Sch 1.
Endnotes Performers Protection Act 1996


Page 70 AT 12 of 1996 c

95
ADO (whole Act except s 20 and para 1 of Sch 2) 1/7/1996 (SD354/96): remainder
1/1/13 (SD 691/12)). 96
Cross-heading inserted by SD75/13. 97
Para 1A inserted by SD75/13. 98
Subpara (1) substituted by SD75/13. 99
Subpara (1A) inserted by SD75/13. 100
Subpara (1) amended by SD75/13. 101
Subpara (3) amended by SD75/13. 102
Cross-heading amended by SD75/13. 103
Subpara (1) amended by SD75/13. 104
Subpara (1A) inserted by SD75/13. 105
Subpara (2) amended by SD75/13. 106
Subpara (b) amended by SD75/13. 107
Subpara (a) amended by SD75/13. 108
Subpara (b) substituted by SD75/13. 109
Subpara (c) inserted by SD75/13. 110
Subpara (d) inserted by SD75/13. 111
Cross-heading amended by SD75/13. 112
Subpara (1) amended by SD75/13. 113
Subpara (b) amended by SD75/13. 114
Subpara (2) substituted by Statute Law Revision Act 1997 Sch 1. 115
Subpara (3) substituted by Statute Law Revision Act 1997 Sch 1. 116
Cross-heading inserted by SD75/13. 117
Para 17A inserted by SD75/13. 118
Cross-heading inserted by SD75/13. 119
Para 17B inserted by SD75/13. 120
Cross-heading amended by SD75/13. 121
Subpara (1) amended by SD75/13. 122
Subpara (1A) inserted by SD75/13. 123
Item (i) amended by SD75/13. 124
Subpara (b) amended by SD75/13. 125
Subpara (4) amended by SD75/13. 126
Cross-heading amended by SD75/13. 127
Subpara (1) amended by SD75/13. 128
Subpara (2) amended by SD75/13. 129
Cross-heading amended by SD75/13. 130
Subpara (2) amended by SD75/13. 131
Cross-heading amended by SD75/13. 132
Subpara (1) amended by SD75/13. 133
Sch 1A inserted by SD75/13. 134
Heading amended by Copyright etc (Amendment) Act 2014 s 19. 135
Heading inserted by Copyright etc (Amendment) Act 2014 s 19.
Performers Protection Act 1996 Endnotes


c AT 12 of 1996 Page 71

136
Para 1A inserted by Copyright etc (Amendment) Act 2014 s 19. 137
Heading inserted by Copyright etc (Amendment) Act 2014 s 19. 138
Para 1B inserted by Copyright etc (Amendment) Act 2014 s 19. 139
Heading inserted by Copyright etc (Amendment) Act 2014 s 19. 140
Para 1C inserted by Copyright etc (Amendment) Act 2014 s 19. 141
Para 1D inserted by Copyright etc (Amendment) Act 2014 s 19.