# Copyright, Designs and Patents Act 1988, Section 181: Qualifying performances.


(1) A performance is a qualifying performance for the purposes of this Part if it meets any of Conditions A to D.
(2) Condition A is that the performance is given by a qualifying individual.
(3) Condition B is that the performance takes place in a qualifying country.
(4) Condition C is that the performance is included in a sound recording and—
(a) the producer of that sound recording is a qualifying individual or a body incorporated under the law of a qualifying country, or
(b) that sound recording is—
(i) first published in a qualifying country, or
(ii) published in a qualifying country within the period of 30 days beginning with the day on which it is first published.
(5) But Condition C is not met if, or to the extent that, the sound recording in question is a copy taken from a previous sound recording.
(6) Condition D is that—
(a) the performance has not been included in a sound recording,
(b) the performance is broadcast, and
(c) the broadcast is—
(i) made from a qualifying country, or
(ii) made by a broadcasting organisation the headquarters of which are situated in a qualifying country.
(7) In subsection (4)(a), the “producer” of a sound recording means the person who undertakes the arrangements necessary for the making of the sound recording.

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Source: https://www.legislation.gov.uk/ukpga/1988/48/section/181 (the official version)
Page: https://openlegislation.uk/copyright-designs-and-patents-act-1988/section-181
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

