The Copyright (International Conventions) (Amendment) Order 1989

Statutory Instruments

1989 No. 157

COPYRIGHT

The Copyright (International Conventions) (Amendment) Order 1989

Made

7th February 1989

Laid before Parliament

15th February 1989

Coming into force

8th March 1989

At the Court at Buckingham Palace, the 7th day of February 1989

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 1956(1), 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) Order 1989 and shall come into force on 8th March 1989.

2.  The Copyright (International Conventions) Order 1979(2) shall be amended as follows:–

(a) in Schedule 1 (which names the countries of the Berne Copyright Union) there shall be included a reference to each of Liberia and the United States of America (including Guam, Panama Canal Zone, Puerto Rico and the Virgin Islands of the United States of America), indicated in each case with an asterisk to denote that each is also party to the Universal Copyright Convention; and

(b) in Schedule 2 (which names the countries party to the Universal Copyright Convention but not members of the Berne Union) the references to Liberia and the United States of America (and Guam, Panama Canal Zone, Puerto Rico and the Virgin Islands of the United States of America), and the date indicated in relation to each country, shall be omitted.

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.  This Order shall extend to the countries mentioned in the Schedule hereto.

G.I. de Deney

Clerk of the Privy Council

Article 4

SCHEDULE 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

• St Helena

• St Helena Dependencies (Ascension, Tristan da Cunha)

• South Georgia and the South Sandwich Islands

Explanatory Note

(This note is not part of the Order)

This Order further amends the Copyright (International Conventions) Order 1979 to take account of the accessions of Liberia and the United States of America to the Berne Copyright Convention.

Article 3 provides for the protection of contrary rights acquired before the commencement of this Order.

Article 4 extends the Order to the dependent countries of the Commonwealth to which the 1979 Order now extends.

(1)

1956 c. 74.

(2)

S.I. 1979/1715, to which there are amendments not relevant to this Order.