Statutory Instruments
2021 No. 636
Copyright
Rights In Performances
The Copyright and Performances (Application to Other Countries) (Amendment) Order 2021
Made
26th May 2021
Laid before Parliament
2nd June 2021
Coming into force
26th June 2021
At the Court at Windsor Castle, the 26th day of May 2021
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, by and with the advice of Her Privy Council, in exercise of the powers conferred on Her by sections 159 and 208 of the Copyright, Designs and Patents Act 1988( 1 ) (“the Act”) makes the following Order.
Her Majesty is satisfied that, to the extent that this Order relates to a country that is not—
(a) in relation to copyright, a country party to the Berne Convention( 2 ) or to the World Intellectual Property Organisation Performances and Phonograms Treaty( 3 ) or a member of the World Trade Organisation, or
(b) in relation to copyright and performances, a country party to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations( 4 ) or otherwise a Convention country( 5 ),
provision has been or will be made under the law of that country giving adequate protection to the owners of copyright under Part 1, and to the owners of rights in respect of British performances( 6 ) under Part 2, of the Act.
Citation and commencement
1. This Order may be cited as the Copyright and Performances (Application to Other Countries) (Amendment) Order 2021 and comes into force on 26th June 2021.
Amendment of the Copyright and Performances (Application to Other Countries) Order 2016
2. —(1)The Copyright and Performances (Application to Other Countries) Order 2016( 7 ) is amended as follows.
(2) In article 8 (application to broadcasts of Part 1 of the Act under section 159(4) – miscellaneous countries)( 8 ),
(a) for paragraph (1), substitute—
“ (1) This paragraph applies to a member State, Indonesia, Singapore, South Korea, and Ukraine. ” ;
(b) for paragraph (2), substitute
“ (2) This paragraph applies to a member State, Hong Kong, Indonesia, Malawi, Malaysia and Singapore. ” ;
(3) After article 12, insert—
“ Application of Part 2 of the Act to Malta
12A. Malta is designated as enjoying reciprocal protection under Part 2 of the Act. ” .
(4) In the Schedule—
(a) in Part 1 (application to sound recordings of Part 1 of the Act – miscellaneous countries), in the list—
(i) after “Malaysia” insert “Malta”; and
(ii) after “Pakistan” insert “Singapore”.
(b) in Part 2 (application of Part 2 of the Act under articles 11 and 12 of the 2016 Order( 9 ) – countries which are not parties to the Rome Convention), in the table—
(i) in the row relating to Afghanistan, in the right-hand column, for “12” substitute “11”
(ii) in the row relating to Brunei Darussalam, in the right-hand column, for “12” substitute “11”;
(iii) after the row relating to China, insert—
| “ Cook Islands | Article 11 |
| Comoros | Article 11 ” ; |
(iv) in the row relating to India, in the right-hand column, for “12” substitute “11”;
(v) after the row relating to Kenya, insert—
| “ Kiribati | Article 11 ” ; |
(vi) in the row relating to New Zealand, in the right-hand column, for “12” substitute “11”;
(vii) after the row relating to Samoa, insert—
| “ San Marino | Article 11 |
| Sao Tome and Principe, Democratic Republic of | Article 11 ” ; |
(viii) after the row relating to the United States of America, insert—
| “ Uzbekistan | Article 11 ” ; |
(ix) in the row relating to Vanuatu, in the right-hand column, for “12” substitute “11”.
Richard Tilbrook
Clerk of the Privy Council
1988 c. 48 . Section 159 was substituted, section 206(4) was inserted and section 208 was amended by section 22 of the Intellectual Property Act 2014 (c. 18) (“the 2014 Act”).
Cm.1212; “Berne Convention” is defined in section 159(9) of the Copyright, Designs and Patents Act 1988 (“the 1988 Act”); section 159 of that Act was substituted by section 22(4) of the 2014 Act.
Cm. 3728.
Cm. 2425.
“Convention country” is defined in section 208(2) of the 1988 Act.
“British performances” is defined in section 208(3) of the 1988 Act.
Part 1 of the 1988 Act makes provision in relation to copyright. Article 8 of the Copyright and Performances (Application to Other Countries) Order 2016 applies that Part 1 to broadcasts in relation to the countries listed and in the manner set out in the article.
Part 2 of the 1988 Act makes provision in relation to performances. Article 11 applies provisions of that Part 2 to certain countries which are party to the World Intellectual Property Organisation Performances and Phonograms Treaty adopted in Geneva on 20th December 1996. Article 12 applies with modifications provisions of that Part 2 to certain countries which are members of the World Trade Organisation