S T A T U T O R Y I N S T R U M E N T S
2008 No. 677
COPYRIGHT
RIGHTS IN PERFORMANCES
The Copyright and Performances (Application to Other Countries) Order 2008
Made - - - - 12th March 2008
Laid before Parliament 13th March 2008
Coming into force - - 6th April 2008
At the Court at Buckingham Palace, the 12th day of March 2008
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty is satisfied that provision has been or will be made giving adequate protection to the owners of the copyright in British sound recordings and wireless broadcasts under the laws of Algeria, Georgia and Vietnam, to the owners of the copyright in British sound recordings under the laws of China, to the owners of the copyright in British wireless broadcasts under the laws of Tonga and to performances and persons having recording rights in relation to performances under the laws of Algeria, Vietnam, Georgia, China and Tonga.
Accordingly, Her Majesty, by and with the advice of Her Privy Council, in exercise of the powers conferred upon Her by sections 159 and 208 of the Copyright, Designs and Patents Act 1988(a) and by section 2(2) of the European Communities Act 1972(b), makes the following Order:
Introductory
1.—(1) This Order may be cited as the Copyright and Performances (Application to Other Countries) Order 2008 and shall come into force on 6th April 2008.
(2) In this Order “the Act” means the Copyright, Designs and Patents Act 1988.
(a) 1988 c.48, section 159 was amended by regulation 2(2) of, and Schedule 2 to, the Copyright and Related Rights Regulations 2003 S.I. 2003/2498.
(b) 1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 c. 51, section 27(1).
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(3) The Copyright and Performances (Application to Other Countries) Order 2007 is revoked(a).
Literary, dramatic, musical and artistic works, films and the typographical arrangement of published editions
2.—(1) All the provisions of Part 1 of the Act, insofar as they relate to literary, dramatic, musical and artistic works, films and the typographical arrangement of published editions, apply in relation to the countries indicated in the second column of the table set out in the Schedule so that those provisions apply—
(a) in relation to persons who are citizens or subjects of, or are domiciled or resident in, those countries as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom,
(b) in relation to bodies incorporated under the laws of those countries as they apply in relation to bodies incorporated under the law of a part of the United Kingdom, and
(c) in relation to works first published in those countries as they apply in relation to works first published in the United Kingdom,
subject to paragraph (2). (2) Where a literary, dramatic, musical or artistic work was first published before 1st June 1957
it shall not qualify for copyright protection by reason of section 154 (qualification by reference to author).
Sound recordings
3.—(1) Except for the provisions listed in paragraph (2)(a), all the provisions of Part 1 of the Act, insofar as they relate to sound recordings, apply in relation to the countries indicated in the third column of the table set out in the Schedule so that those provisions apply—
(a) in relation to persons who are citizens or subjects of, or are domiciled or resident in, those countries as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom,
(b) in relation to bodies incorporated under the laws of those countries as they apply in relation to bodies incorporated under the law of a part of the United Kingdom, and
(c) in relation to works first published in those countries as they apply in relation to works first published in the United Kingdom.
(2) Where in the third column of the table set out in the Schedule the entry for a country— (a) includes an asterisk (*), the following provisions of Part 1 of the Act, insofar as they
relate to sound recordings, also apply to that country— (i) section 18A (infringement by rental or lending of work to the public)(b) insofar as it
applies to lending; (ii) section 19 (infringement by playing of work in public)(c);
(iii) section 20 (infringement by communication to the public)(d); (iv) section 26 (secondary infringement: provision of apparatus for infringing
performance, &c); and (v) section 107(2A) and (3) (criminal liability for communicating to the public or
playing a sound recording)(e);
(a) S.I. 2007/273. (b) Section 18A of the Act was inserted by regulation 10(2) of the Copyright and Related Rights Regulations 1996 S.I.
1996/2967 and it was subsequently amended by regulation 2(1) of, and paragraph 6(2) of Schedule 1 to, the Copyright and Related Rights Regulations 2003.
(c) Section 19 of the Act was amended by regulation 2(1) of, and paragraph 3(1) of Schedule 1 to, the Copyright and Related Rights Regulations 2003.
(d) Section 20 of the Act was substituted by regulation 6(1) of the Copyright and Related Rights Regulations 2003. (e) Section 107(2A) of the Act was inserted by regulation 26(1)(a) of the Copyright and Related Rights Regulations 2003 and
section 107(3) of the Act was amended by regulation 2(1) of, and paragraph 9(2) of Schedule 1 to, those Regulations.
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(b) includes a hash (#), the following provisions of Part 1 of the Act, insofar as they relate to sound recordings, also apply to that country— (i) section 20 (infringement by communication to the public), except that references to
communication to the public do not include the broadcasting of a sound recording; and
(ii) section 107(2A) (criminal liability for communicating to the public), except that it does not apply in relation to the broadcasting of a sound recording.
Wireless broadcasts
4.—(1) Except for the provisions listed in paragraph (2), all the provisions of Part 1 of the Act, insofar as they relate to wireless broadcasts, apply in relation to the countries indicated in the fourth column of the table set out in the Schedule so that those provisions apply—
(a) in relation to persons who are citizens or subjects of, or are domiciled or resident in, those countries as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom,
(b) in relation to bodies incorporated under the laws of those countries as they apply in relation to bodies incorporated under the law of a part of the United Kingdom, and
(c) in relation to broadcasts made from those countries as they apply in relation to broadcasts made from the United Kingdom,
subject to paragraphs (3) to (5). (2) The following provisions of Part 1 of the Act, insofar as they relate to wireless broadcasts,
also apply in relation to a country where its entry in the fourth column of the table set out in the Schedule does not include an asterisk (*)—
(a) section 18A (infringement by rental or lending of work to the public); (b) section 19 (infringement by showing or playing of work in public), but only insofar as it
relates to broadcasts other than television broadcasts; (c) section 20 (infringement by communication to the public), except in relation to
broadcasting by wireless telegraphy; (d) section 26 (secondary infringement: provision of apparatus for infringing performance,
&c), but only insofar as it relates to broadcasts other than television broadcasts; (e) section 107(2A) (criminal liability for communicating to the public), except in relation to
broadcasting by wireless telegraphy. (3) The provisions of Part 1 of the Act do not apply in relation to a wireless broadcast made
from a place in a country, referred to in paragraph (4), before the relevant date. (4) The relevant date in relation to a country—
(a) where its entry in the fourth column of the table set out in the Schedule includes an „( h)”, is 1st June 1957;
(b) where its entry in the fourth column of the table set out in the Schedule includes a „( i)”, is 1st January 1996; or
(c) where there is a date next to its entry in the fourth column of the table set out in the Schedule, is that date.
(5) For the purposes of section 14(5) of the Act (duration of copyright in repeats)(a) any wireless broadcast which does not qualify for copyright protection shall be disregarded.
(a) Section 14 of the Act was substituted by regulation 7(1) of the Duration of Copyright and Rights in Performances Regulations 1995 S.I. 1995/3297 and it was subsequently amended by regulation 2(2) of, and Schedule 2 to, the Copyright and Related Rights Regulations 2003.
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Other broadcasts
5. All the provisions of Part 1 of the Act, insofar as they relate to broadcasts (other than wireless broadcasts), apply in relation to the countries indicated in the fifth column of the table set out in the Schedule so that those provisions apply—
(a) in relation to persons who are citizens or subjects of, or are domiciled or resident in, those countries as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom,
(b) in relation to bodies incorporated under the laws of those countries as they apply in relation to bodies incorporated under the law of a part of the United Kingdom, and
(c) in relation to broadcasts made from those countries as they apply in relation to broadcasts made from the United Kingdom.
Performances
6.—(1) The countries in respect of which the word “designated” is included in the sixth column of the table set out in the Schedule are designated as enjoying reciprocal protection under Part 2 of the Act.
(2) The countries in respect of which the word “deemed” is included in the sixth column of the table set out in the Schedule shall be treated as if they were designated as enjoying reciprocal protection under Part 2 of the Act, except that—
(a) in that Part the term “recording” shall be construed as applying only to sound recordings (and not to films);
(b) the following provisions of Part 2 of the Act shall not apply— (i) section 182C (consent required for rental or lending of copies to public), insofar as it
relates to lending(a); (ii) section 182D (right to equitable remuneration for exploitation of sound recording);
(iii) section 183 (infringement of performer’s rights by use of recording made without consent);
(iv) sections 185 to 188 (rights of person having recording rights); (v) section 198(2) (criminal liability for playing or communicating to the public); and
(c) where in the sixth column of the table set out in the Schedule the entry for a country includes an asterisk (*), the following provisions of Part 2 of the Act shall also not apply— (i) section 182CA (consent required for making available to the public)(b);
(ii) section 198(1A) (criminal liability for making available to the public).
Savings
7.—(1) For the purposes of this article an act is an “excluded act” where— (a) a person (A) has incurred any expenditure or liability in connection with the act; and (b) he—
(i) began in good faith to do the act, or (ii) made in good faith effective and serious preparations to do the act,
(a) Sections 182B to 182D were inserted by regulation 20(2) of the Copyright and Related Rights Regulations 1996 and section 182C was subsequently amended by regulation 2 of, and paragraph 8 of the Schedule to, the Performances (Moral Rights, etc) Regulations 2006 S.I. 2006/18 and regulation 2(1) of, and paragraph 6(2) of Schedule 1 to, the Copyright and Related Rights Regulations 2003.
(b) Section 182CA and section 198(1A) of the Act were inserted by regulations 7(1) and 26(3) of the Copyright and Related Rights Regulations 2003 respectively and section 182 CA was subsequently amended by regulation 2 of, and paragraph 8 of the Schedule to, the Performances (Moral Rights, etc) Regulations 2006.
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at a time when the act neither infringed nor was restricted by the relevant rights in the work or performance.
(2) Where another person (B) acquires those relevant rights pursuant to this Order, A has the right—
(a) to continue to do the excluded act, or (b) to do the excluded act,
notwithstanding that the excluded act infringes or is restricted by those relevant rights. (3) Where B, or his exclusive licensee, pays reasonable compensation to A paragraph (2) no
longer applies. (4) Where—
(a) B offers to pay compensation to A under paragraph (3); but (b) A and B cannot agree on what compensation is reasonable,
either person may refer the matter to arbitration. (5) In this article “relevant rights” means copyright, the rights conferred by Chapter 4 of Part 1
of the Act and the rights conferred by Part 2 of the Act.
Judith Simpson Clerk of the Privy Council
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SCHEDULE Articles 2 to 6
Country Article 2 (literary, dramatic,
musical and artistic works,
films and typographical arrangements)
Article 3 (sound
recordings)
Article 4 (wireless
broadcasts)
Article 5 (other
broadcasts)
Article 6 (performances)
Albania Applies Applies (*) Applies (1st
September 2000)
Designated
Algeria Applies Applies (*) Applies (22nd April
2007)
Designated
Andorra Applies Applies (*) Applies (25th May
2004)
Designated
Angola Applies Applies Applies (*) (23rd
November 1996)
Deemed (*)
Antigua and Barbuda
Applies Applies Applies (*)(Y)
Deemed (*)
Argentina Applies Applies (*) Applies (2nd March
1992)
Designated
Armenia Applies Applies (*) Applies (31st
January 2003)
Designated
Australia (including
Norfolk Island)
Applies Applies (*) Applies (30th
September 1992)
Designated
Austria Applies Applies (*) Applies (X) Applies Azerbaijan Applies Applies (*) Applies (5th
October 2005)
Designated
Bahamas Applies Applies Bahrain Applies Applies (*) Applies (Y) Designated
Bangladesh Applies Applies (*) Applies (*)(Y)
Deemed (*)
Barbados Applies Applies (*) Applies (18th
September 1983)
Designated
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Belarus Applies Applies (*) Applies (27th May
2003)
Designated
Belgium Applies Applies (*) Applies (X) Applies Belize Applies Applies Applies
(*)(Y) Deemed (*)
Benin Applies Applies (#) Applies (*) (22nd
February 1996)
Deemed
Bhutan Applies Applies Bolivia Applies Applies (*) Applies
(24th November
1993)
Designated
Bosnia and Herzegovina
Applies Applies
Botswana Applies Applies (#) Applies (*)(Y)
Deemed
Brazil Applies Applies (*) Applies (29th
September 1965)
Designated
Brunei Darussalam
Applies Applies Applies (*)(Y)
Deemed (*)
Bulgaria Applies Applies (*) Applies (X) Applies Burkina Faso Applies Applies (*) Applies
(14th January 1988)
Designated
Burundi Applies Applies Applies (*)(Y)
Deemed (*)
Cambodia Applies Applies Applies (*) (13th
October 2004)
Deemed (*)
Cameroon Applies Applies Applies (*)(Y)
Deemed (*)
Canada Applies Applies (*) Applies (Y) Designated Cape Verde Applies Applies (*) Applies (3rd
July 1997) Designated
Central African
Republic
Applies Applies Applies (*)(Y)
Deemed (*)
Chad Applies Applies Applies (*) (19th
October 1996)
Deemed (*)
Chile Applies Applies (*) Applies (5th
September 1974)
Designated
8
China Applies Applies(#) Applies (*) (11th
December 2001)
Deemed
Columbia Applies Applies (*) Applies (17th
September 1976)
Designated
Comoros Applies Applies Congo Applies Applies (*) Applies
(18th May 1964)
Designated
Costa Rica Applies Applies (*) Applies (9th
September 1971)
Designated
Cote d’Ivoire Applies Applies Applies (*)(Y)
Deemed (*)
Croatia Applies Applies (*) Applies (20th April
2000)
Designated
Cuba Applies Applies Applies (*)(Y)
Deemed (*)
Cyprus Applies Applies (*) Applies (X) Applies Czech
Republic Applies Applies (*) Applies (X) Applies
Democratic Republic of the
Congo
Applies Applies Applies (*) (1st January
1997)
Deemed (*)
Denmark Applies Applies (*) Applies (X) Applies
Djibouti Applies Applies Applies (*)(Y)
Deemed (*)
Dominica Applies Applies (*) Applies (Y) Designated Dominican Republic
Applies Applies (*) Applies (27th
January 1987)
Designated
Ecuador Applies Applies (*) Applies (18th May
1964)
Designated
Egypt Applies Applies Applies (*)(Y)
Deemed (*)
El Salvador Applies Applies (*) Applies (29th June
1979)
Designated
Equatorial Guinea
Applies Applies
Estonia Applies Applies (*) Applies (X) Applies Faeroe Islands Applies Applies Applies
(1st February
1962)
Designated
9
Fiji Applies Applies (*) Applies (11th April
1972)
Designated
Finland Applies Applies (*) Applies (X) Applies France
(including Overseas
Departments and
Territories)
Applies Applies (*) Applies (X) Applies
Gabon Applies Applies (#) Applies (*)(Y)
Deemed
Gambia Applies Applies Applies (*) (23rd
October 1996)
Deemed (*)
Georgia Applies Applies (*) Applies (14th August
2004)
Designated
Germany Applies Applies (*) Applies (X) Applies Ghana Applies Applies (*) Applies
(*)(Y) Deemed (*)
Gibraltar Applies Applies (*) Applies (X) Applies Designated Greece Applies Applies (*) Applies (X) Applies
Greenland Applies Applies Applies (1st
February 1962)
Designated
Grenada Applies Applies Applies (*) (22nd
February 1996)
Deemed (*)
Guatemala Applies Applies (*) Applies (14th
January 1977)
Designated
Guinea Applies Applies (#) Applies (*)(Y)
Deemed
Guinea-Bissau Applies Applies Applies (*)(Y)
Deemed (*)
Guyana Applies Applies Applies (*)(Y)
Deemed (*)
Haiti Applies Applies Applies (*) (30th
January 1996)
Deemed (*)
Holy See Applies Applies Honduras Applies Applies (*) Applies
(16th February
1990)
Designated
Hong Kong Applies Applies (*) Applies (X) Deemed (*) Hungary Applies Applies (*) Applies (X) Applies
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Iceland Applies Applies (*) Applies (X)
Applies Designated
India Applies Applies (*) Applies (*)(Y)
Deemed (*)
Indonesia Applies Applies (*) Applies (X) Applies Deemed Ireland Applies Applies (*) Applies (X) Applies
Isle of Man Applies Applies (*) Applies (X) Applies Designated Israel Applies Applies (*) Applies (Y) Designated Italy Applies Applies (*) Applies (X) Applies
Jamaica Applies Applies (*) Applies (27th
January 1994)
Designated
Japan Applies Applies (*) Applies (26th
October 1989)
Designated
Jordan Applies Applies (#) Applies (*) (11th April
2000)
Deemed
Kazakhstan Applies Applies (#) Deemed Kenya Applies Applies Applies
(*)(Y) Deemed (*)
Korea, Democratic
People’s Republic of
Applies Applies
Korea, Republic of
Applies Applies Applies (*)(Y)
Deemed (*)
Kuwait Applies Applies Applies (*)(Y)
Deemed (*)
Kyrgyzstan Applies Applies (*) Applies (20th
December 1998)
Designated
Lao People’s Democratic
Republic
Applies Applies
Latvia Applies Applies (*) Applies (X) Applies Lebanon Applies Applies (*) Applies
(12th August 1997)
Designated
Lesotho Applies Applies (*) Applies (26th
January 1990)
Designated
Liberia Applies Applies Libyan Arab Jamahiriya
Applies Applies
Liechtenstein Applies Applies (*) Applies (X) Applies Designated Lithuania Applies Applies (*) Applies (X) Applies
Luxembourg Applies Applies (*) Applies (X) Applies
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Macao Applies Applies Applies (*)(Y)
Deemed (*)
Macedonia, The Former Yugoslav
Republic of
Applies Applies (*) Applies (2nd March
1998)
Designated
Madagascar Applies Applies Applies (*)(Y)
Deemed (*)
Malawi Applies Applies (*) Applies (22nd June
1989)
Deemed (*)
Malaysia Applies Applies (*) Applies (X) Deemed (*) Maldives Applies Applies Applies
(*)(Y) Deemed (*)
Mali Applies Applies (#) Applies (*)(Y)
Deemed
Malta Applies Applies (*) Applies (X) Applies Mauritania Applies Applies Applies
(*)(Y) Deemed (*)
Mauritius Applies Applies Applies (*)(Y)
Deemed (*)
Mexico Applies Applies (*) Applies (18th May
1964)
Designated
Micronesia, Federated States of
Applies Applies
Moldova, Republic of
Applies Applies (*) Applies (5th
December 1995)
Designated
Monaco Applies Applies (*) Applies (6th
December 1985)
Designated
Mongolia Applies Applies (#) Applies (*) (29th
January 1997)
Deemed
Montenegro Applies Applies (*) Applies (10th June
2003)
Designated
Morocco Applies Applies Applies (*)(Y)
Deemed (*)
Mozambique Applies Applies Applies (*)(Y)
Deemed (*)
Myanmar Applies Applies Applies (*)(Y)
Deemed (*)
Namibia Applies Applies Applies (*)(Y)
Deemed (*)
Nepal Applies Applies Applies (*) (23rd April
2004)
Deemed (*)
Netherlands Applies Applies (*) Applies (X) Applies
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Netherlands Antilles and
Aruba
Applies Applies Applies (*)(Y)
Deemed
New Zealand Applies Applies (*) Applies (*)(Y)
Deemed (*)
Nicaragua Applies Applies (*) Applies (Y) Designated Niger Applies Applies (*) Applies
(18th May 1964)
Designated
Nigeria Applies Applies (*) Applies (29th
October 1993)
Designated
Norway Applies Applies (*) Applies (X)
Applies Designated
Oman Applies Applies Applies (*) (9th
November 2000)
Deemed
Pakistan Applies Applies (*) Applies (*)(Y)
Deemed (*)
Panama Applies Applies (*) Applies (2nd September
1983)
Designated
Papua New Guinea
Applies Applies Applies (*) (9th June
1996)
Deemed (*)
Paraguay Applies Applies (*) Applies (26th
February 1970)
Designated
Peru Applies Applies (*) Applies (7th August
1985)
Designated
Philippines Applies Applies (*) Applies (25th
September 1984)
Designated
Poland Applies Applies (*) Applies (X) Applies Portugal Applies Applies (*) Applies (X) Applies
Qatar Applies Applies Applies (*) (13th
January 1996)
Deemed
Romania Applies Applies (*) Applies (X) Applies Russian
Federation Applies Applies (*) Applies
(26th May 2003)
Designated
Rwanda Applies Applies Applies (*) (22nd May
1996)
Deemed (*)
13
Saint Kitts and Nevis
Applies Applies Applies (*) (21st
February 1996)
Deemed (*)
Saint Lucia Applies Applies (*) Applies (Y) Designated Saint Vincent
and the Grenadines
Applies Applies Applies (*)(Y)
Deemed (*)
Samoa Applies Applies Saudi Arabia Applies Applies
Senegal Applies Applies (#) Applies (*)(Y)
Deemed
Serbia Applies Applies (*) Applies (10th June
2003)
Designated
Sierra Leone Applies Applies Applies (*)(Y)
Deemed (*)
Singapore Applies Applies (#) Applies (X) Applies Deemed Slovak
Republic Applies Applies (*) Applies (X) Applies
Slovenia Applies Applies (*) Applies (X) Applies Solomon Islands
Applies Applies Applies (*) (26th July
1996)
Deemed (*)
South Africa Applies Applies Applies (*)(Y)
Deemed (*)
Spain Applies Applies (*) Applies (X) Applies Sri Lanka Applies Applies Applies
(*)(Y) Deemed (*)
Sudan Applies Applies Suriname Applies Applies Applies
(*)(Y) Deemed (*)
Swaziland Applies Applies Applies (*)(Y)
Deemed (*)
Sweden Applies Applies (*) Applies (X) Applies Switzerland Applies Applies (*) Applies (X) Applies Designated Syrian Arab
Republic Applies Applies (*) Applies
(13th May 2006)
Designated
Taiwan Applies Applies (*) Applies (*) (1st January
2002)
Deemed (*)
Tajikistan Applies Applies Tanzania,
United Republic of
Applies Applies Applies (*)(Y)
Deemed (*)
Thailand Applies Applies (*) Applies (*)(Y)
Deemed (*)
Togo Applies Applies (*) Applies (Y) Designated Tonga Applies Applies Applies (*)
(27th July 2007)
Deemed (*)
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Trinidad and Tobago
Applies Applies Applies (*)(Y)
Deemed (*)
Tunisia Applies Applies Applies (*)(Y)
Deemed (*)
Turkey Applies Applies (*) Applies (Y) Designated Uganda Applies Applies Applies
(*)(Y) Deemed (*)
Ukraine Applies Applies (*) Applies (12th June
2002)
Designated
United Arab Emirates
Applies Applies (*) Applies (10th April
1996)
Designated
United States of America (including
Puerto Rico and all
territories and possessions)
Applies Applies (#) Applies (*)(Y)
Deemed
Uruguay Applies Applies (*) Applies (4th July
1977)
Designated
Uzbekistan Applies Applies Venezuela Applies Applies (*) Applies (Y) Designated Vietnam Applies Applies (*) Applies (1st
March 2007) Designated
Zambia Applies Applies Applies (*)(Y)
Deemed (*)
Zimbabwe Applies Applies Applies (*)(Y)
Deemed (*)
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EXPLANATORY NOTE
(This note is not part of the Order)
Part 1 of the Copyright, Designs and Patents Act 1988 (“the Act”) confers copyright on the creators of certain works. Part 2 of the Act confers rights on performers and persons having recording rights in relation to a performance. The purpose of this Order is to apply Part 1 of the Act to works originating from other countries and to confer on certain countries reciprocal protection under Part 2 of the Act. In this Order the term “country” includes territories, by reason of sections 178 and 211 of the Act.
By reason of section 153(3) of the Act this Order will not affect works in which copyright already subsists. Further, by reason of paragraph 35 of Schedule 1 to the Act, any work in which copyright subsisted under the Copyright Act 1956 (c.74) is deemed to satisfy the requirements of qualification for copyright protection.
Article 2 qualifies literary, dramatic, musical and artistic works, films and typographical arrangements of published editions for copyright protection where they are connected to the countries indicated in the second column of the Schedule. All of those countries are parties to the Berne Copyright Convention (Cm. 1212), to the Universal Copyright Convention (Cmnd. 5844) or to the Agreement establishing the World Trade Organisation (including the Agreement on Trade- Related Aspects of Intellectual Property Rights (Cm. 3044-6, 3080, 3263-4, 3268-9, 3271, 3275-7 and 3282)) or are member States of the European Community or the European Free Trade Agreement; or otherwise give adequate protection under their laws.
Article 3 qualifies sound recordings for copyright protection where they are connected to the countries indicated in the third column of the Schedule. The protection extends to lending, playing in public or broadcasting if the country of origin is marked by an asterisk. All such countries are parties to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Cmnd. 2425) (“the Rome Convention”) or are member States of the European Community or the European Free Trade Agreement; or otherwise give adequate protection under their laws.
Different protection is given to those countries marked by a hash. All such countries are parties to the World Intellectual Property Organisation (WIPO) Performances and Phonograms Treaty (Cmnd. 3736) (“the WPPT”), but not parties to the Rome Convention. The United Kingdom has not ratified the WPPT, but it has agreed to ratify it along with the European Community and with the other Member States in accordance with Council Decision 2000/278/EC (O.J. No L 89, 11.4.2000, p.6). Protection is therefore accorded to contracting parties in anticipation of the United Kingdom’s ratification on the basis that, upon ratification, those countries will provide protection under their laws.
Article 4 qualifies wireless broadcasts for copyright protection where they are connected to the countries indicated in the fourth column of the Schedule. These countries are parties to the Rome Convention or are member States of the European Community or the European Free Trade Agreement; or otherwise give adequate protection under their laws.
Those countries marked by an asterisk, which receive more limited protection, are parties to the Agreement establishing the World Trade Organisation (including the Agreement on Trade-Related Aspects of Intellectual Property Rights), but not to the Rome Convention. Protection does not extend to wireless broadcasts made before the specified dates. By reason of paragraph 9(a) of Schedule 1 to the Act, protection never extends to such broadcasts made before 1st June 1957.
Article 5 qualifies broadcasts (other than wireless broadcasts) for copyright protection where they are connected to the countries indicated in the fifth column of the Schedule. These countries are member States of the European Community or the European Free Trade Agreement or otherwise give adequate protection under their laws. By reason of paragraph 9(b) of Schedule 1 to the Act, protection does not extend to such broadcasts made before 1st January 1985.
Article 6 qualifies certain performances and persons having recording rights in relation to a performance for protection under Part 2 where they are connected to the countries indicated in the sixth column of the Schedule.
Paragraph (1) grants reciprocal protection to certain countries in respect of their performers and persons having recording rights. These countries are parties to the Rome Convention.
Paragraph (2) applies where it is not possible to grant reciprocal protection, but the United Kingdom is obliged to grant limited protection to performances connected to particular countries by reason of both the United Kingdom and the European Community being party to the Agreement establishing the World Trade Organisation (including the Agreement on Trade-Related Aspects of Intellectual Property Rights), in which case such countries are marked with an asterisk,. or by reason of such countries being parties and the United Kingdom being a signatory to the WPPT.
Article 7 is a savings provision.
This Order uses powers given by the Act and by the European Communities Act 1972 to implement various Community obligations of the United Kingdom. The powers under the Act are also used to implement certain other international obligations.
This Order replaces the Copyright and Performances (Application to Other Countries) Order 2007 S.I. 2007/273 (“the 2007 Order”) which is revoked by article 1(3). This Order provides a consolidated list of the protection afforded to other countries. The only substantive changes from the 2007 Order are that the protection given to sound recordings originating from Algeria, Georgia and Vietnam is modified following their accession to the Rome Convention; the protection given to sound recordings originating from China is modified following its accession to the WPPT; wireless broadcasts originating from Algeria and Vietnam are protected for the first time and the protection given to wireless broadcasts originating from Georgia is modified following their accession to the Rome Convention; wireless broadcasts originating from Tonga are protected for the first time following its accession to the World Trade Organisation (including the Agreement on Trade- Related aspects of Intellectual Property Rights); performances originating from Algeria and Vietnam are protected for the first time and the protection afforded to performances originating from Georgia is modified following their accession to the Rome Convention; performances originating from Tonga are protected for the first time following its accession to the World Trade Organisation (including the Agreement on Trade – Related Aspects of Intellectual Property Rights); and the protection afforded to performances originating from China is modified following its accession to the WPPT.
£3.00 Crown copyright 2008
Printed and published in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office and Queen’s Printer of Acts of Parliament. E2223 3/2008 182223T 19585