The Copyright and Performances (Application to Other Countries) (Amendment) Order 2021

Amendment of the Copyright and Performances (Application to Other Countries) Order 2016

2.—(1) The Copyright and Performances (Application to Other Countries) Order 2016(1) is amended as follows.

(2) In article 8 (application to broadcasts of Part 1 of the Act under section 159(4) – miscellaneous countries)(2),

(a) for paragraph (1), substitute—

“(1) This paragraph applies to a member State, Indonesia, Singapore, South Korea, and Ukraine.”;

(b) for paragraph (2), substitute

“(2) This paragraph applies to a member State, Hong Kong, Indonesia, Malawi, Malaysia and Singapore.”;

(3) After article 12, insert—

“Application of Part 2 of the Act to Malta

12A.   Malta is designated as enjoying reciprocal protection under Part 2 of the Act.”.

(4) In the Schedule—

(a) in Part 1 (application to sound recordings of Part 1 of the Act – miscellaneous countries), in the list—

(i) after “Malaysia” insert “Malta”; and

(ii) after “Pakistan” insert “Singapore”.

(b) in Part 2 (application of Part 2 of the Act under articles 11 and 12 of the 2016 Order(3) – countries which are not parties to the Rome Convention), in the table—

(i) in the row relating to Afghanistan, in the right-hand column, for “12” substitute “11”

(ii) in the row relating to Brunei Darussalam, in the right-hand column, for “12” substitute “11”;

(iii) after the row relating to China, insert—

“Cook Islands	Article 11
Comoros	Article 11”;

(iv) in the row relating to India, in the right-hand column, for “12” substitute “11”;

(v) after the row relating to Kenya, insert—

“Kiribati

Article 11”;

(vi) in the row relating to New Zealand, in the right-hand column, for “12” substitute “11”;

(vii) after the row relating to Samoa, insert—

“San Marino	Article 11
Sao Tome and Principe, Democratic Republic of	Article 11”;

(viii) after the row relating to the United States of America, insert—

“Uzbekistan

Article 11”;

(ix) in the row relating to Vanuatu, in the right-hand column, for “12” substitute “11”.

(1)

S.I. 2016/1219.

(2)

Part 1 of the 1988 Act makes provision in relation to copyright. Article 8 of the Copyright and Performances (Application to Other Countries) Order 2016 applies that Part 1 to broadcasts in relation to the countries listed and in the manner set out in the article.

(3)

Part 2 of the 1988 Act makes provision in relation to performances. Article 11 applies provisions of that Part 2 to certain countries which are party to the World Intellectual Property Organisation Performances and Phonograms Treaty adopted in Geneva on 20th December 1996. Article 12 applies with modifications provisions of that Part 2 to certain countries which are members of the World Trade Organisation