\n<\/td>\n | <\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n 36<\/sup> Amended by the Copyright and Other Intellectual Property Provisions Act 2019<\/p>\n37 Inserted by the European Communities (Enforcement of Intellectual Property Rights) Regulations 2006<\/p>\n <\/p>\n \n\n\n<\/td>\n | (c<\/em>) to make an adaptation of the work or to undertake either of the acts referred to in paragraph (a) <\/em>or (b) <\/em>in relation to an adaptation,<\/td>\n<\/tr>\n\n<\/td>\n | and those acts shall be known and in this Act referred to as \u201cacts restricted by copyright\u201d.<\/td>\n<\/tr>\n | \n<\/td>\n | (2) The copyright in a work is infringed by a person who without the licence of the copyright owner undertakes, or authorises another to undertake, any of the acts restricted by copyright.<\/td>\n<\/tr>\n | \n<\/td>\n | (3) References to the undertaking of an act restricted by the<\/span> copyright in a work shall relate to the work as a whole or to any<\/span> substantial part of the work and to whether the act is undertaken<\/span> directly or indirectly.<\/span><\/td>\n<\/tr>\n\n<\/td>\n | (3) For the purposes of any reference in this Act to the undertaking of an act restricted by the copyright in a work\u2014<\/td>\n<\/tr>\n | \n<\/td>\n | (a) \u2018work\u2019 shall be construed as a reference to\u2014<\/td>\n<\/tr>\n | \n<\/td>\n | the work as a whole,<\/td>\n<\/tr>\n | \n<\/td>\n | any substantial part of the work, or<\/td>\n<\/tr>\n | \n<\/td>\n | (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 rights identifying information embedded or otherwise incorporated in the work,<\/p>\n (ii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 and<\/td>\n<\/tr>\n | \n<\/td>\n | (iii)\u00a0\u00a0\u00a0\u00a0 (b) the undertaking of an act indirectly, as well as directly, shall be taken to be included in such reference.38<\/sup><\/td>\n<\/tr>\n\n<\/td>\n | 38.<\/strong>\u2014(1) Notwithstanding the provisions of<\/p>\n section 37 <\/em>, where a person proposes to\u2014<\/td>\n<\/tr>\n\n<\/td>\n | (a<\/em>) play a sound recording in public, or<\/td>\n<\/tr>\n\n\nPlaying of sound recordings \u2014 licences of right.<\/h4>\n<\/td>\n(b<\/em>) include a sound recording in a broadcast or a cable programme service,<\/td>\n<\/tr>\n\n<\/td>\n | he or she may do so as of right where he or she\u2014<\/td>\n<\/tr>\n | \n<\/td>\n | (i) agrees to make payments in respect of such playing or inclusion in a broadcast or a cable programme service to a licensing body, and<\/td>\n<\/tr>\n | \n<\/td>\n | (ii) complies with the requirements of this section.<\/td>\n<\/tr>\n | \n<\/td>\n | (2) A person may avail of the right to play a sound recording in public or to include a sound<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/td>\n<\/tr>\n | \n<\/td>\n | <\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n 38<\/sup> Amended by the Copyright and Other Intellectual Property Provisions Act 2019<\/p>\n <\/p>\n \n\n\nrecording in a broadcast or a cable programme service, where he or she\u2014<\/td>\n<\/tr>\n | \n(a<\/em>) gives notice to each licensing body concerned of his or her intention to play sound recordings in public or include sound recordings in a broadcast or a cable programme service,<\/td>\n<\/tr>\n\n(b<\/em>) informs each of those bodies of the date on and from which he or she intends to play sound recordings in public or include sound recordings in a broadcast or a cable programme service,<\/td>\n<\/tr>\n\n(c<\/em>) makes payments to the licensing body at intervals of not less than 3 months in arrears,<\/td>\n<\/tr>\n\n(d<\/em>) complies with any reasonable conditions relating to payments under this section as may be notified to him or her by the licensing body from time to time, and<\/td>\n<\/tr>\n\n(e<\/em>) complies with any reasonable requests for information from the licensing body to enable it to calculate and manage payments under this section.<\/td>\n<\/tr>\n\n(3) A person who satisfies the conditions specified in subsection (2) <\/em>shall be deemed to be in the same position as regards infringement of copyright as if he or she had been the holder of a licence granted by the owner of the copyright in question at all material times.<\/td>\n<\/tr>\n\n(4) Where the person intending to play sound recordings in public or to include sound recordings in a broadcast or a cable programme service and the licensing body fail to reach agreement as to fair payment under subsection (2) <\/em>within a reasonable time, the terms of the proposed agreement shall be referred to the Controller for determination of the amount and terms of payment.<\/td>\n<\/tr>\n\n(5) In the case of a dispute referred to the Controller under subsection (4)<\/em>, a person shall not exercise the right conferred by subsection (1) <\/em>unless he or she\u2014<\/td>\n<\/tr>\n | | | | | | | | | | | | | | | | | |