(1) By virtue of, and subject to the provisions of this Part, rights are conferred on—
(a) a performer, requiring his or her consent to the exploitation of his or her performance; and
(b) a person having recording rights in relation to a performance, in respect of recordings made without his or her consent or that of the performer.
(2) The right conferred by this Part are independent of—
(a) any copyright in, or moral rights relating to, any work used or performed in the performance; and
(b) any other right or obligation arising otherwise than under this Part.
(3) The rights conferred by this Part apply in relation to performances taking place before the commencement of this Part; but an act done before commencement, or under arrangements made before commencement, shall not be regarded as infringing those rights.