Section 1217PA | “Orchestral concert” ^F1

(1)In this Part “orchestral concert” means a concert by an orchestra, ensemble, group or band consisting wholly or mainly of instrumentalists who are the primary focus of the concert.^F1

(2)But a concert is not an orchestral concert if—^F1

(za)it is produced for training purposes,^F1F2

(a)the main purpose, or one of the main purposes, of the concert is to advertise or promote any goods or services,^F1

(b)the concert is to consist of or include a competition or contest, or^F1

(c)the making of a relevant recording is the main object of the production company's activities in relation to the concert.^F1

(3)A recording of a concert is a “relevant recording” if the recording is made for the purpose of using it (or an edited version of it) in any of the following ways—^F1

(a)broadcast, at the time of the concert or later, to the general public;^F1

(b)release, at the time of the concert or later, to the paying public (by digital or other means);^F1

(c)use as a soundtrack (or part of a soundtrack) to a television, radio, theatre, video game or similar production for broadcast, exhibition or release to the general public;^F1

(d)use in a film (or part of a film) for exhibition to the paying public at the commercial cinema.^F1

(4)In this section—^F1

“broadcast” means broadcast by any means (including television, radio or the internet);

“film” has the same meaning as in Part 15 (see section 1181).