GB038: Copyright (International Conventions), Order, 19/12/1979, No. 1715
1979 No. 1715
COPYRIGHT
The Copyright (International Conventions) Order 1979
|
Made |
19th December 1979 | |
|
Laid before Parliament |
3rd January 1980 | |
|
Coming into Operation |
24th January 1980 | |
At the Court at Buckingham Palace, the 19th day of December 1979
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by and with the advice of Her Privy Council, and by virtue of the authority conferred upon Her by sections 31, 32 and 47 of the Copyright Act 19561 and of all other powers enabling Her in that behalf, is pleased to order, and it is hereby ordered, as follows:-
Part I
Citation, commencement and interpretation
1. This Order may be cited as the Copyright (International Conventions) Order 1979, and shall come into operation on 24th January 1980.
2. In this Order-
"the Act" means the Copyright Act 1956; and
"material time" means-
(i) in relation to an unpublished work or subject-matter, the time at which such work or subject-matter was made, or, if the making thereof extended over a period, a substantial part of that period;
(ii) in relation to a published work or subject-matter, the time of first publication.
Part II
Protection for literary, dramatic, musical and artistic works, sound recordings, cinematograph films and published editions
3. Subject to the following provisions of this Order, the provisions of Parts I and II of the Act (except section 14) and all the other provisions of the Act relevant to those Parts shall in the case of any country mentioned in Schedules 1 or 2 hereto apply-
(a) in relation to literary, dramatic, musical or artistic works, sound recordings, cinematography films or published editions first published in that country, as they apply o such works, recordings, film or editions first published in the United Kingdom;
(b) in relation to persons who at any material time are citizens or subjects of, or domiciled or resident in, that country, as they apply to persons who at such time are British subjects or domiciled or resident in the United Kingdom; and
(c) in relation to bodies incorporated under the laws of that country, as they apply to bodies incorporated under the laws of any part of the United Kingdom.
4.-
(1) Subject to the following provisions of this Article, the relevant provisions of Schedule 7 to the Act shall have effect in relation to any work or other subject-matter in which copyright subsists by virtue of this Part of this Order as if for any references therein to the commencement of the Act or any of its provisions or to the date of the repeal of any provision of the Copyright Act 1911 or of any other enactment there were substituted references to 27th September 1957 (being the date on which the Copyright (International Conventions) Order 1957
came into operation).
(2) Subject to the following provisions of this Article, in the case of any country mentioned in Schedule 2 hereto in relation to which a date is specified in that Schedule-
(a) paragraph (1) of this Article shall have effect as if for the reference to 27th September 1957 there were substituted that date (if different); and
(b) copyright shall not subsist by virtue of this Part of this Order in any work or other subject-matter by reason only of its publication in such a country before the date so specified.
(3) This Article shall not apply-
(a) in the case of Ghana, Kenya, Malawi, Mauritius, Nigeria or Zambia; or
(b) to any work or subject-matter first published in the United States of America if immediately before 27th September 1957 copyright under the Copyright Act 1911 subsisted in such work or subject-matter by virtue of either an Order in Council dated 9th February 1920 regulating copyright relations with the United States of America or the Copyright (United States of America) Order 1942
.
5. The acts restricted by section 12 of the Act as applied by this Part of this Order shall not include-
(a) causing the recording to be heard in public; or
(b) broadcasting the recording;
except in the case of the countries mentioned in Schedule 3 to this Order.
6. Where any person has before the commencement of this Order incurred any expenditure or liability in connection with the reproduction or performance of any work or other subject-matter in a manner which at the time was lawful, or for the purpose of or with a view to the reproduction or performance of a work at a time when such reproduction or performance would, but for the making of this Order, have been lawful, nothing in this Part of this Order shall diminish or prejudice any right or interest arising from or in connection with such action which is subsisting and valuable immediately before the commencement of this Order unless the person who by virtue of this Part of this Order becomes entitled to restrain such reproduction or performance agrees to pay such compensation as, failing agreement, may be determined by arbitration.
7. Nothing in the provisions of the Act as applied by this Part of this Order shall be construed as reviving any right to make, or restrain the making of, or any right in respect of, translations, if such right has ceased before the commencement of this Order.
Part III
Protection in respect of broadcasts
8. The provisions of section 14 of the Act, so far as they relate to sound broadcasts and all the other provisions of the Act relevant thereto other than section 40(3), shall apply, in the case of each of the countries mentioned in Schedule 4 to this Order, in relation to sound broadcasts made from places in any such country by an organisation constituted in, or under the laws of, the country in which the broadcast is made as they apply in relation to sound broadcasts made from places in the United Kingdom by the British Broadcasting Corporation; so, however, that paragraphs 17 and 18 of Schedule 7 to the Act shall have effect as if for the references therein to the commencement of section 14 there were substituted references to the relevant date set out in the said Schedule 4 (being the date on which the provisions of section 14 of the Act so far as they relate to sound broadcasts were first applied in the case of that country).
9. The provisions of section 14 of the Act, so far as they relate to television broadcasts, and all the other provisions of the Act relevant thereto, other than section 37(4), section 40(3) and Schedule 5, shall apply, in the case of each of the countries mentioned in Schedule 5 to this Order, in relation to television broadcasts made from places in any such country by an organisation constituted in, or under the laws of, the country in which the broadcast was made as they apply in relation to television broadcasts made from places in the United Kingdom by the British Broadcasting Corporation or the Independent Broadcasting Authority; so, however, that-
(a) section 24(3)(c) of the Act shall have effect as if for the reference to the Corporation or the Authority or any organisation appointed by them there were substituted a reference to any owner or prospective owner of copyright in television broadcasts; and
(b) paragraphs 17 and 18 of Schedule 7 to the Act shall have effect as if for the references therein to the commencement of section 14 there were substituted references to the relevant date set out in Schedule 5 to this Order (being the date on which the provisions of section 14 of the Act so far as they relate to television broadcasts were first applied in the case of that country).
Part IV
Extensions and revocations
10. Parts I and II of this Order shall extend to the countries mentioned in Schedule 6 to this Order subject to the modifications mentioned in that Schedule and Part III shall extend to Gibraltar and Bermuda subject to the modifications mentioned in Schedule 7 to this Order.
11. The Orders mentioned in Schedule 8 to this Order are hereby revoked insofar as they form part of the law of the United Kingdom or any country mentioned in Schedule 6 to this Order.
N. E. Leigh,
Clerk of the Privy Council.
SCHEDULE 1
Countries of the Berne Copyright Union
(The countries indicated with an asterisk are also party to the Universal Copyright Convention.)
Arab Republic of Egypt
Argentina*
Australia* (and Norfolk Island)
Austria*
Bahamas*
Belgium*
Benin
Brazil*
Bulgaria*
Cameroon*
Canada*
Central African Empire
Chad
Chile*
Congo (People's Republic)
Costa Rica*
Cyprus
Czechoslovakia*
Denmark*
Fiji*
Finland*
France (and French territories overseas)*
Gabon
German Democratic Republic (and Berlin (East))*
Federal Republic of Germany (and Berlin (West))*
Greece*
Hungary*
Iceland*
India*
Republic of Ireland*
Israel*
Italy*
Ivory Coast
Japan*
Lebanon*
Libya
Liechtenstein*
Luxembourg*
Madagascar
Mali
Malta*
Mauritania
Mexico*
Monaco*
Morocco*
Netherlands* (and Netherlands Antilles)
New Zealand*
Niger
Norway*
Pakistan*
Philippines*
Poland*
Portugal* (including Portuguese provinces overseas)
Romania
Senegal*
South Africa (and South West Africa)
Spain* (and its Colonies)
Sri Lanka
Surinam
Sweden*
Switzerland*
Thailand
Togo
Tunisia*
Turkey
Upper Volta
Uruguay
Vatican City*
Yugoslavia*
Zaire
SCHEDULE 2
Countries party to the Universal Copyright Convention
but not Members of the Berne Union
|
Algeria |
31st October 1973 |
|
Andorra |
27th September 1957 |
|
Bangladesh |
5th August 1975 |
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Colombia |
18th June 1976 |
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Cuba |
27th September 1957 |
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Ecuador |
27th September 1957 |
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El Salvador |
21st June 1979 |
|
Ghana |
- |
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Guatemala |
28th October 1964 |
|
Haiti |
27th September 1957 |
|
Kampuchea |
27th September 1957 |
|
Kenya |
- |
|
Laos |
27th September 1957 |
|
Liberia |
27th September 1957 |
|
Malawi |
- |
|
Mauritius |
- |
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Nicaragua |
16th August 1961 |
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Nigeria |
- |
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Panama |
17th October 1962 |
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Paraguay |
11th March 1962 |
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Peru |
16th October 1963 |
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Union of Soviet Socialist Republics |
27th May 1973 |
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United States of America (and Guam, Panama Canal Zone Puerto Rico and the Virgin Islands of the United States of America) |
27th September 1957 |
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Venezuela |
18th November 1966 |
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Zambia |
- |
SCHEDULE 3
Countries in whose case Copyright in Sound Recordings
includes Exclusive Right to Perform in Public
and to Broadcast
Australia
Austria
Brazil
Chile
Colombia
Costa Rica
Cyprus
Czechoslovakia
Denmark
Ecuador
El Salvador
Federal Republic of Germany (and Berlin (West))
Fiji
Guatemala
India
Republic of Ireland
Italy
Israel
Mexico
New Zealand
Nigeria
Norway
Pakistan
Paraguay
Spain
Sri Lanka
Sweden
Switzerland
Uruguay
SCHEDULE 4
Countries whose Organisations are Protected
in Relation to Sound Broadcasts
|
Austria |
17th July 1973 |
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Brazil |
5th November 1965 |
|
Chile |
5th September 1974 |
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Colombia |
17th September 1976 |
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Congo (People's Republic) |
21st May 1964 |
|
Costa Rica |
19th November 1971 |
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Czechoslovakia |
14th August 1964 |
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Denmark |
1st July 1965 |
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Ecuador |
21st May 1964 |
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El Salvador |
24th January 1980 |
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Federal Republic of Germany (and Berlin (West)) |
18th November 1966 |
|
Fiji |
31st May 1972 |
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Guatemala |
14th January 1977 |
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Republic of Ireland |
24th January 1980 |
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Italy |
8th April 1975 |
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Luxembourg |
18th March 1976 |
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Mexico |
21st May 1964 |
|
Niger |
21st May 1964 |
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Norway |
23rd August 1978 |
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Paraguay |
26th February 1970 |
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Sweden |
21st May 1964 |
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Uruguay |
24th August 1977 |
SCHEDULE 5
Countries whose Organisations are Protected
in Relation to Television Broadcasts
|
Austria |
17th July 1973 |
|
Belgium |
8th March 1968 |
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Brazil |
5th November 1965 |
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Chile |
5th September 1974 |
|
Colombia |
17th September 1976 |
|
Congo (People's Republic) |
21st May 1964 |
|
Costa Rica |
19th November 1971 |
|
Cyprus |
5th May 1970 |
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Czechoslovakia |
14th August 1964 |
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Denmark |
1st February 1962 |
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Ecuador |
21st May 1964 |
|
El Salvador |
24th January 1980 |
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Federal Republic of Germany (and Berlin (West)) |
18th November 1966 |
|
Fiji |
31st May 1972 |
|
France |
1st July 1961 |
|
Guatemala |
14th January 1977 |
|
Republic of Ireland |
24th January 1980 |
|
Italy |
8th April 1975 |
|
Luxembourg |
18th March 1976 |
|
Mexico |
21st May 1964 |
|
Niger |
21st May 1964 |
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Norway |
10th August 1968 |
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Paraguay |
26th February 1970 |
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Spain |
19th November 1971 |
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Sweden |
1st July 1961 |
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Uruguay |
24th August 1977 |
SCHEDULE 6
Countries to which Parts I and II of this Order extend
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Belize |
16th October 1966 |
|
Bermuda |
6th December 1962 |
|
British Virgin Islands |
11th February 1963 |
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Cayman Islands |
4th June 1966 |
|
Falkland Islands and its Dependencies |
10th October 1963 |
|
Gibraltar |
1st October 1960 |
|
Hong Kong |
12th December 1972 |
|
Isle of Man |
31st May 1959 |
|
Montserrat |
5th March 1966 |
|
St. Helena and its Dependencies |
10th October 1963 |
Modifications to this Order as extended
1. Article 3 shall have effect as part of the law of any country to which it extends as if for references to the United Kingdom there were substituted references to the country in question.
2. Article 4 shall have emit as part of the law of any country to which it extends as if in paragraphs (1) and (3) there were substituted for "27th September 1957" the date indicated in relation to that country in the preceding provisions of this Schedule (being the date when the Act was first extended to that country).
3. Schedule 2 to this Order shall have effect as part of the law of any such country as if for any date in that Schedule which is earlier than the date mentioned in this Schedule in relation to the relevant country there were substituted that later date.
SCHEDULE 7
Modifications of Part III of, and Schedules 4 and 5 to,
this Order in its extension to Bermuda and Gibraltar
1.
(a) In Article 8 the words "other than section 40(3)" shall be omitted;
(b) in Article 9 the words "other than section 37(4), section 40(3) and Schedule 5" shall be omitted.
2. Insofar as Part III is part of the law of Bermuda-
(a) in Schedule 4 to this Order the date mentioned in the second column shall be altered to 23rd August 1969 in relation to Brazil, Congo (People's Republic), Czechoslovakia, Denmark, Ecuador, Federal Republic of Germany (and Berlin (West)), Mexico, Niger and Sweden;
(b) in Schedule 5 the names of Belgium, Cyprus, France, Norway and Spain shall be omitted; and
(c) the date mentioned in the second column shall be altered to 23rd August 1969 in relation to Brazil, Congo (People's Republic), Czechoslovakia, Denmark, Ecuador, Federal Republic of Germany (and Berlin (West)), Mexico, Niger and Sweden.
3. Insofar as Part III is part of the law of Gibraltar-
(a) in Schedule 4 to this Order the date mentioned in the second column shall be altered to 28th October 1966 in relation to Brazil, Congo (People's Republic), Czechoslovakia, Denmark, Ecuador, Mexico, Niger and Sweden;
(b) in Schedule 5 the date mentioned in the second column shall be altered to 28th October 1966 in relation to Brazil, Congo (People's Republic), Czechoslovakia, Denmark, Ecuador, France, Mexico, Niger and Sweden.
SCHEDULE 8
Orders Revoked
|
Order |
S.I. Number |
|
The Copyright (International Conventions) Order 1972 |
1972/673 |
|
The Copyright (International Conventions) (Amendment) Order 1973 |
1973/72 |
|
The Copyright (International Conventions) (Amendment No. 2) Order 1973 |
1973/772 |
|
The Copyright (International Conventions) (Amendment No. 3) Order 1973 |
1973/963 |
|
The Copyright (International Conventions) (Amendment No. 4) Order 1973 |
1973/1089 |
|
The Copyright (International Conventions) (Amendment No. 5) Order 1973 |
1973/1751 |
|
The Copyright (International Conventions) (Amendment) Order 1974 |
1974/1276 |
|
The Copyright (International Conventions) (Amendment) Order 1975 |
1975/431 |
|
The Copyright (International Conventions) (Amendment No. 2) Order 1975 |
1975/1837 |
|
The Copyright (International Conventions) (Amendment No. 3) Order 1975 |
1975/2193 |
|
The Copyright (International Conventions) (Amendment) Order 1976 |
1976/227 |
|
The Copyright (International Conventions) (Amendment No. 2) Order 1976 |
1976/1784 |
|
The Copyright (International Conventions) (Amendment No. 3) Order 1976 |
1976/2153 |
|
The Copyright (International Conventions) (Amendment) Order 1977 |
1977/56 |
|
The Copyright (International Conventions) (Amendment No. 2) Order 1977 |
1977/830 |
|
The Copyright (International Conventions) (Amendment No. 3) Order 1977 |
1977/1256 |
|
The Copyright (International Conventions) (Amendment No. 4) Order 1977 |
1917/1632 |
|
The Copyright (International Conventions) (Amendment) Order 1978 |
1978/1060 |
|
The Copyright (International Conventions) (Amendment) Order 1979 |
1979/577 |
EXPLANATORY NOTE
(This Note is not part of the Order.)
This Order supersedes with amendments the Orders mentioned in Schedule 8 (being Orders providing for the protection in the United Kingdom and the countries to which the Copyright Act 1956 has been extended of works and other subject-matter originating in other countries party to international copyright conventions).
The amendments take account of the accession of El Salvador and the Republic of Ireland to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations.