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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:

(iii)by the omission therefrom in each case of the dates after the following countries:

(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

Article 2.

SCHEDULE

Article 2(1) and (2)

“SCHEDULE 1COUNTRIES ENJOYING PROTECTION IN RESPECT OF ALL WORKS EXCEPT BROADCASTS AND CABLE PROGRAMMES

(The countries specified in this Schedule are parties to the Berne Copyright Convention and/or the Universal Copyright Convention or otherwise give adequate protection under their law.)

Article 3(a)(i)

SCHEDULE 2COUNTRIES ENJOYING FULL PROTECTION FOR SOUND RECORDINGS

(The countries specified in this Schedule either are parties to the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations or otherwise give adequate protection under their law.)

Article 4(1), (2) and (5)

SCHEDULE 3COUNTRIES ENJOYING PROTECTION IN RESPECT OF BROADCASTS

(The countries specified in this Schedule are parties to the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations and/or the European Agreement on the Protection of Television Broadcasts or otherwise give adequate protection under their law.)

Explanatory Note

(This note is not part of the Order)

This Order amends the Copyright (Application to Other Countries) Order 1993 (S.I. 1993/942 as amended by S.I. 1994/263) to take account of the accession of:

(a)Estonia, Georgia, Guyana, Latvia, Lithuania, Moldova, the Russian Federation, Saint Kitts and Nevis, Tanzania and the Ukraine to the Berne Copyright Convention (Cmnd. 5002); and

(b)Belarus and Saudi Arabia to the Universal Copyright Convention (Cmnd. 4905); and

(c)Bulgaria, Hungary, Iceland, Jamaica and Moldova to the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Cmnd. 2425).

The Order also makes amendments consequent upon the entry into force for the United Kingdom of the Agreement Establishing the World Trade Organisation (Cm. 2556-59, 2561-69, 2571-74) and the obligations arising therefrom under the Agreement on Trade-Related Aspects of Intellectual Property Rights which are to take effect on 1st January 1996.

(2)

S.I. 1993/942 amended by S.I. 1994/263.