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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).

(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—

(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.

(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—

(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

(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.

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—

(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.

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

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

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

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

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

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

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

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 (*)

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 (*)

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 (*)

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.

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

المملكة المتحدة

GB165

The Copyright and Performances (Application to Other Countries) Order 2008 (S.I. 2008/677)