CDPA 1988 s.208 – Countries enjoying reciprocal protection

(1)Her Majesty may by Order in Council designate as enjoying reciprocal protection under this Part—

(b)a country as to which Her Majesty is satisfied that provision has been or will be made under its law giving adequate protection for British performances.

(2) A “Convention country” means a country which is a party to a Convention relating to performers’ rights to which the United Kingdom is also a party.

(3) A “British performance” means a performance—

(a)given by an individual who is a British citizen or resident in the United Kingdom, or

(b)taking place in the United Kingdom.

(4)If the law of that country provides adequate protection only for certain descriptions of performance, an Order under subsection (1)(b) designating that country shall contain provision limiting to a corresponding extent the protection afforded by this Part in relation to performances connected with that country.

(5)The power conferred by subsection (1)(b) is exercisable in relation to ^F636... any colony of the United Kingdom, as in relation to a foreign country.

(6)A statutory instrument containing an Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Definitions used in section 208 1

performance

(2) In this Part — “performance” means —

(a)a dramatic performance (which includes dance and mime),

(b)a musical performance,

(c)a reading or recitation of a literary work, or

(d)a performance of a variety act or any similar presentation,

Defined in s.180(2) · see it in the full Act

Cases considering section 208 3

The American Federation of Musicians of the United States and Canada & Ors, R (on the application of) v The Secretary of State for Science and Technology

[2026] EWHC 91 (Admin) · 21 January 2026

Section 208 enables designation of countries as enjoying reciprocal protection. The court referred to it in explaining the statutory mechanism for extending Part 2 protection to Convention countries. (see para [42])

Trustees of the AFM and SAG-AFTRA Intellectual Property Rights Distribution Fund v The Secretary of State for Science, Innovation and Technology

[2025] EWHC 1944 (Ch) · 30 July 2025

Forms part of the statutory mechanism for designating countries enjoying reciprocal protection. The court used it to explain the domestic-law treatment of qualifying countries. (see paras [11]; [16])

Experience Hendrix LLC v Purple Haze Records Ltd & Anor

[2005] EWHC 249 (Ch) · 24 February 2005Interprets

Considers the designation power for reciprocal protection and rejects importing a temporal restriction into the qualifying-country definition from the absence of transitional provisions in orders made under section 208.

What each judgment says about section 208 is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

F636Words in s. 208(5) omitted (1.12.2016 for specified purposes, 6.4.2017 in so far as not already in force) by virtue of Intellectual Property Act 2014 (c. 18), ss. 22(8), 24(1); S.I. 2016/1139, arts. 2, 3 (with art. 4)

Editorial

X66The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.