8Protection—application of Part XIA of the Act to specified foreign countries

#### 8 Protection—application of Part XIA of the Act to specified foreign countries Scope (1A) For the purposes of section 248U of the Act, this regulation applies certain provisions of Part XIA of the Act (performers’ protection) in relation to the foreign countries specified in this regulation, subject to the exceptions and modifications specified in this regulation. Definitions (1) In this regulation: > applicable provision, in relation to a participating country, means: (a) if the participating country is a WTO country or a WPPT country but not a Rome Convention country—a provision of Part XIA of the Act relating to sound recordings, or communication to the public of live performances; and (b) in any other case—each provision of Part XIA of the Act. > participating country means: (a) a Rome Convention country; or (b) a WPPT country; or (c) a WTO country. Performance given in a foreign country (2) An applicable provision applies in relation to a performance given in a participating country (a foreign performance): (a) in the same way as the provision applies, under the Act, in relation to a performance given in Australia; and (b) as if the foreign performance were given in Australia. Sound recording made in a foreign country of a performance (2A) An applicable provision applies in relation to a sound recording, made in a participating country (a foreign sound recording), of a performance: (a) in the same way as the provision applies, under the Act, in relation to a sound recording of a performance given in Australia; and (b) as if the foreign sound recording were made in Australia. Broadcast made in a foreign country of a performance (2B) An applicable provision applies in relation to a broadcast, made by a relevant broadcaster from a place in a participating country (a foreign broadcast), of a performance: (a) in the same way as the provision applies, under the Act, in relation to a broadcast of a performance given in Australia; and (b) as if the foreign broadcast were made in Australia. Sound recording made by a citizen, national or resident of a foreign country of a performance (2C) An applicable provision applies in relation to a sound recording, made by a person who is a citizen, national or resident of a participating country (a foreign person), of a performance: (a) in the same way as the provision applies, under the Act, in relation to a sound recording of a performance given in Australia; and (b) as if the foreign person were an Australian citizen or resident. Citizen or national of a foreign country (3) An applicable provision applies in relation to a person who, at a material time, is a citizen or national of a participating country (a foreign citizen): (a) in the same way as the provision applies, under the Act, in relation to a person who, at a material time, is an Australian citizen; and (b) as if the foreign citizen were an Australian citizen. Person resident in a foreign country (4) An applicable provision applies in relation to a person who, at a material time, is resident in a participating country (a foreign resident): (a) in the same way as the provision applies, under the Act, in relation to a person who, at a material time, is resident in Australia; and (b) as if the foreign resident were resident in Australia. Performance given before 2 January 1992 (6) Subject to subregulation (7), no rights arising under this regulation subsist in Australia in relation to a performance given before 2 January 1992 if the performance relates to a Rome Convention country. (7) Subregulation (6) does not apply if: (a) the country is also a WTO country or a WPPT country; and (b) the rights arising under this regulation are in relation to a provision of Part XIA of the Act relating to sound recordings, or communication to the public of live performances. Modification of Act (8) To the extent that this regulation is inconsistent with the Act, the application of the Act by these Regulations is modified.