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Distribution right of performers.
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206.—(1) References in Parts III and IV to the issue of copies of a recording to the public shall be construed as including—
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(a) the act of putting into circulation in a Member State of the EEA copies of a recording not previously put into circulation in a Member State of the EEA by or with the consent of the performer, or
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(b) the act of putting into circulation outside the Member States of the EEA copies of a recording not previously put into circulation in a Member State of the EEA or elsewhere.
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(2) Without prejudice to the rental right or the lending right, references in this Part to the issue of copies of a recording to the public shall not include—
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(a) any subsequent circulation of copies of a recording previously put into circulation, or
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(b) any subsequent importation of such copies of a recording into the State of any other Member State of the EEA,
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except in so far as subsection (1) (a) applies to putting into circulation in the Member States of the EEA copies of a recording previously put into circulation outside the Member States of the EEA.
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(3) A reference in this section to circulation shall include sale, rental or loan.
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(4) A performer has the exclusive right to authorise or prohibit the issue of copies of a recording to the public of the whole or any substantial part of a qualifying performance.
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(5) There shall be a right conferred by this section which shall be known and in this Part referred to as the “distribution right”.
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(6) The distribution right is infringed by a person who, without the consent of the performer, undertakes or authorises another to undertake the acts referred to in subsection (4).
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