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The Copyright and Performances (Application to Other Countries) Order 2016

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Application of Part 1 of the Act under section 159(4) – WTO members

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7.—(1) This article applies to a relevant country that is a member of the WTO but not a party to the Rome Convention.

(2) Where this article applies to a relevant country, Part 1 of the Act applies to a wireless broadcast in relation to that country in the manner set out in paragraph (4) subject to paragraph (3).

(3) The application of Part 1 of the Act by virtue of paragraph (2) is subject to the following modifications—

(a)section 18A (infringement by rental of work to the public) does not apply;

(b)section 19 (infringement by showing or playing the work in public) only applies in relation to television broadcasts;

(c)section 20 (infringement by communication to the public) only applies in relation to broadcasting by wireless telegraphy;

(d)section 26 (secondary infringement: provision of apparatus for infringing performance, &c) does not apply in so far as it relates to television broadcasts;

(e)section 107(2A) (criminal liability for communicating to the public) only applies in relation to broadcasting by wireless telegraphy; and

(f)Part 1 of the Act only applies to a broadcast made on or after 1st January 1996 or, if later, the date on which the relevant country became a member of the WTO.

(4) Part 1 of the Act applies in relation to—

(a)a person who is a citizen or subject of a relevant country or a person domiciled or resident there as it applies in relation to a person who is a British citizen or is domiciled or resident in the United Kingdom;

(b)a body incorporated under the law of a relevant country as it applies in relation to a body incorporated under the law of a part of the United Kingdom; and

(c)a wireless broadcast made from that country as it applies in relation to a wireless broadcast made from the United Kingdom.

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