| Commentary

63 Rights in performances

| Commentary

63 Rights in performances

Actors and other persons whose performances are recorded in advertisements have rights in relation to such performances under Part II of the Copyright, Designs and Patents Act 19881 if they are ‘qualifying individuals’ or if the performance took place in a ‘qualifying country’2. A ‘qualifying individual’ is a citizen or subject of, or an individual resident in, a qualifying country. Qualifying countries include the United Kingdom, all member states of the European Union and certain countries designated as enjoying reciprocal protection3.

Subject to certain defences, a performer’s rights will be infringed if the whole or any substantial

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