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GB040

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The Copyright (International Conventions) (Amendment No. 3) Order 1988 (S.I. 1855/1988)

GB040: Copyright (International Conventions), Order (Amendment No. 3), 26/10/1988, No. 1855

1988 No. 1855
COPYRIGHT

The Copyright (International Conventions)
(Amendment No. 3) Order 1988

Made

26th October 1988

Laid before Parliament

3rd November 1988

Coming into force

24th November 1988

At the Court at Buckingham Palace, the 26th day of October 1988
Present,
The Queen's Most Excellent Majesty in Council

Her Majesty, by virtue of the authority conferred upon Her by sections 31, 32 and 47 of the Copyright Act 19561, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1. This Order may be cited as the Copyright (International Conventions) (Amendment No. 3) Order 1988 and shall come into force on 24th November 1988.
2. The Copyright (International Conventions) Order 19792 shall be amended as follows:
(a) in Article 4(3)(a) (which names the countries in respect of which Article 4 does not apply) there shall be included a reference to St. Vincent and the Grenadines;
(b) in Schedule 2 (which names the countries party to the Universal Copyright Convention but not members of the Berne Copyright Union)-
(i) there shall be included a reference to St. Vincent and the Grenadines, and
(ii) the dates indicated in relation to Algeria and El Salvador shall be amended to 28th August 1973 and 29th March 1979 respectively;
(c) in Schedule 3 (which names countries in the case of which copyright in sound recordings includes exclusive right to perform in public and to broadcast) there shall be included references to Burkina, the People's Republic of Congo, the Dominican Republic, Luxembourg, Monaco, Niger and Peru;
(d) in each of Schedules 4 and 5 (which name countries of which the broadcasting organisations have copyright protection in relation to sound and television broadcasts respectively)-
(i) there shall be included references to Burkina, the Dominican Republic, Monaco and Peru with related references respectively to 14th January 1988, 27th January 1987, 6th December 1985 and 7th August 1985, and
(ii) the date indicated in relation to each of the countries set out in the first column of Schedule 1 to this Order shall be amended to the date set against the name of that country in the second column of that Schedule;
(e) in Schedule 4, the dates indicated in relation to Norway and Sweden shall be amended to 10th July 1978 and 18th May 1964 respectively;
(f) in paragraph 2 of Schedule 7 (which modifies Schedules 4 and 5 in their extension to Bermuda), for subparagraphs (b) and (c) there shall be substituted the following:
"(b) in Schedule 5, the names of Belgium, Cyprus and Spain shall be omitted; and
(c) the date mentioned in the second column in the said Schedule 5 shall be altered to:-
(i) 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;
(ii) 23rd August 1978, in relation to Norway;
(iii) 3rd July 1987, in relation to France"; and
(g) in paragraph 3 of Schedule 7 (which modifies Schedules 4 and 5 in their extension to Gibraltar) there shall be included in each of subparagraphs (a) and (b) a reference to the Federal Republic of Germany (and Berlin (West)).
3. 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 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 Order becomes entitled to restrain such reproduction or performance agrees to pay such compensation as, failing agreement, may be determined by arbitration.
4.-
(1) This Order, except for paragraphs (d), (e), (f) and (g) of Article 2, shall extend to the countries mentioned in Schedule 2 to this Order.
(2) Paragraphs (d) and (e) of Article 2 shall extend to Bermuda and Gibraltar; paragraph (f) shall extend to Bermuda; and paragraph (g) shall extend to Gibraltar.

G. I. de Deney
Clerk of the Privy Council

Article 2(d)

SCHEDULE 1
AMENDED DATES FOR SCHEDULES 4 AND 5
TO THE 1979 ORDER

Austria

9th June 1973

Brazil

29th September 1965

Congo (People's Republic)

18th May 1964

Costa Rica

9th September 1971

Ecuador

18th May 1964

El Salvador

29th June 1979

Federal Republic of Germany (and Berlin (West))

21st October 1966

Fiji

11th April 1972

Republic of Ireland

19th September 1979

Luxembourg

25th February 1976

Mexico

18th May 1964

Niger

18th May 1964

Uruguay

4th July 1977

Article 4(1)

SCHEDULE 2
COUNTRIES TO WHICH THIS ORDER EXTENDS

Bermuda

British Indian Ocean Territory

British Virgin Islands

Cayman Islands

Falkland Islands

Gibraltar

Hong Kong

Isle of Man

Montserrat

South Georgia and the South Sandwich Islands

St. Helena

St. Helena Dependencies (Ascension, Tristan da Cunha)

11956 c.74.

2S.I. 1979/1715; the relevant amending instrument is S.I. 1987/2060.