Statutory Instrument 1995 No. 2987

      The Copyright (Application to Other Countries) (Amendment) Order 1995


      © Crown Copyright 1995

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STATUTORY INSTRUMENTS

1995 No. 2987

COPYRIGHT

The Copyright (Application to Other Countries) (Amendment) Order 1995

Made 23rd November 1995
Laid before Parliament 24th November 1995
Coming into force
  Articles 1 and 2 15th December 1995
  Article 3 1st January 1996

At the Court at Buckingham Palace, the 23rd day of November 1995

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 section 159 of the Copyright, Designs and Patents Act 1988[1], is pleased to order, and it is hereby ordered, as follows:
        1.    This Order may be cited as the Copyright (Application to Other Countries) (Amendment) Order 1995 and articles 1 and 2 shall come into force on 15th December 1995 and article 3 shall come into force on 1st January 1996.
        2.    The Copyright (Application to Other Countries) Order 1993[2] shall be amended by substituting for the Schedules 1, 2 and 3 to that Order, the Schedules 1, 2 and 3 in the Schedule to this Order.
        3.    The Copyright (Application to Other Countries) Order 1993 (as amended by article 2 of this Order) shall be further amended as follows:
       (a) Schedule 1 (which names the countries enjoying protection in respect of all works except broadcasts and cable programmes) is amended:
         (i) in the sentence in parentheses in the headnote to the Schedule, by the insertion after the words "Universal Copyright Convention" of the words "and/or the Agreement Establishing the World Trade Organisation (including the Agreement on Trade-Related Aspects of Intellectual Property Rights)";
         (ii) by the insertion therein in proper alphabetical order of the following:
        Antigua and Barbuda,
        Bahrain,
        Botswana,
        Brunei Darussalam,
        Burundi,
        Djibouti,
        Dominica,
        Kuwait,
        Macau,
        Maldives,
        Mozambique,
        Myanmar,
        Sierra Leone,
        Swaziland; and
         (iii) by the omission therefrom in each case of the dates after the following countries:
        Cuba,
        Dominican Republic,
        Guatemala,
        Korea, Republic of,
        Nicaragua,
        Uganda;
       (b) Schedule 3 (which names the countries enjoying protection in respect of broadcasts) is amended:
         (i) in the sentence in parentheses in the headnote to the Schedule, by the insertion after the words "Television Broadcasts" of the words "and/or the Agreement Establishing the World Trade Organisation (including the Agreement on Trade-Related Aspects of Intellectual Property Rights)";
         (ii) by the insertion therein in proper alphabetical order of the following:
        *Antigua and Barbuda (1st January 1996)
        *Bahrain (1st January 1996)
        *Bangladesh (1st January 1996)
        *Belize (1st January 1996)
        *Bolivia (1st January 1996)
        *Botswana (1st January 1996)
        *Brunei Darussalam (1st January 1996)
        *Burundi (1st January 1996)
        *Canada (1st January 1996)
        *Central African Republic (1st January 1996)
        *Côte D'Ivoire (1st January 1996)
        *Cuba (1st January 1996)
        *Djibouti (1st January 1996)
        *Dominica (1st January 1996)
        *Egypt (1st January 1996)
        *Gabon (1st January 1996)
        *Ghana (1st January 1996)
        *Guinea-Bissau (1st January 1996)
        *Guinea (1st January 1996)
        *Guyana (1st January 1996)
        *India (1st January 1996)
        *Israel (1st January 1996)
        *Kenya (1st January 1996)
        *Korea, Republic of (1st January 1996)
        *Kuwait (1st January 1996)
        *Liechtenstein (1st January 1996)
        *Macau (1st January 1996)
        *Maldives (1st January 1996)
        *Mali (1st January 1996)
        *Malta (1st January 1996)
        *Mauritania (1st January 1996)
        *Mauritius (1st January 1996)
        *Morocco (1st January 1996)
        *Mozambique (1st January 1996)
        *Myanmar (1st January 1996)
        *Namibia (1st January 1996)
        *New Zealand (1st January 1996)
        *Nicaragua (1st January 1996)
        *Pakistan (1st January 1996)
        *Poland (1st January 1996)
        *Portugal (1st January 1996)
        *Romania (1st January 1996)
        *Saint Lucia (1st January 1996)
        *Saint Vincent and the Grenadines (1st January 1996)
        *Senegal (1st January 1996)
        *Sierra Leone (1st January 1996)
        *Slovenia (1st January 1996)
        *South Africa (1st January 1996)
        *Sri Lanka (1st January 1996)
        *Suriname (1st January 1996)
        *Swaziland (1st January 1996)
        *Tanzania (1st January 1996)
        *Thailand (1st January 1996)
        *Togo (1st January 1996)
        *Trinidad and Tobago (1st January 1996)
        *Tunisia (1st January 1996)
        *Turkey (1st January 1996)
        *Uganda (1st January 1996)
        *United States (1st January 1996)
        *Venezuela (1st January 1996)
        *Zambia (1st January 1996)
        *Zimbabwe (1st January 1996)
        ; and
         (iii) in the parentheses after "Belgium" and "Cyprus", in each case, by substituting for the word "only", the words "; 1st January 1996— non-television"; and
       (c) Schedule 4 is amended:
         (i) by substituting for paragraphs 1 and 2 the following paragraph:
                "1.    In respect of Indonesia and Singapore, in the application of article 4(3) above in relation to cable programmes by virtue of article 4(6), the relevant date is 1st January 1985." ;
         (ii) by renumbering paragraph 3 accordingly, and
         (iii) by inserting the following paragraphs after paragraph 2:
                "3.    In the application of Part I of the Act by virtue of article 4 (broadcasts) above in relation to those countries identified in Schedule 3 to this Order by an asterisk, section 16 applies to broadcasts as if subsection (1)(b) (issue of copies of a work to the public), subsection (1)(d) (broadcast of a work or inclusion in a cable programme service) insofar as it relates to inclusion in a cable programme service and subsection (1)(c) (performing, showing or playing a work in public) insofar as it relates to broadcasts other than television broadcasts, were omitted.

                4.    The derogations in respect of broadcasts set out in paragraph 3 apply also to Belgium and Cyprus save that they apply only in respect of non-television broadcasts." .



N. H. Nicholls

Clerk of the Privy Council






Notes:

[1] 1988 c. 48. back

[2] S.I. 1993/942 amended by S.I. 1994/263. back

 

Explanatory Note


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