1999 No. 1752

RIGHTS IN PERFORMANCES

The Performances (Reciprocal Protection) (Convention Countries) Order 1999

Made

Laid before Parliament

Coming into force

At the Court at Windsor Castle, the 22nd day of June 1999

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, by virtue of the authority conferred upon Her by section 208(1)(a) of the Copyright, Designs and Patents Act 19881, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows:

1

1

This Order may be cited as the Performances (Reciprocal Protection) (Convention Countries) Order 1999 and shall come into force on 22nd July 1999.

2

In this Order–

  • “the Act” means the Copyright, Designs and Patents Act 1988.

2

The countries specified in:

a

Part 1, and

b

subject to article 3 below, Part 2,

of the Schedule to this Order are designated as enjoying reciprocal protection under Part II of the Copyright, Designs and Patents Act 1988 (rights in performances).

3

In the application of Part II of the Act by virtue of article 2(b) above in relation to those countries specified in Part 2 of the Schedule to this Order, that Part shall apply only to the extent that it confers rights on a performer in respect of:

a

the making of–

i

a sound recording directly from a live performance of his;

ii

a copy of that sound recording; and

b

the broadcast live, or the inclusion live in a cable programme service, of a performance of his.

4

The Performances (Reciprocal Protection) (Convention Countries) Order 19952 is hereby revoked.

A.K. GallowayClerk of the Privy Council

SCHEDULE

Article 2

Part 1(Article 2(a))

  • Argentina

  • Australia

  • Barbados

  • Bolivia

  • Brazil

  • Bulgaria

  • Burkina Faso

  • Canada

  • Cape Verde

  • Chile

  • Colombia

  • Congo

  • Costa Rica

  • Czech Republic

  • Dominican Republic

  • Ecuador

  • El Salvador

  • Faeroe Islands

  • Fiji

  • Greenland

  • Guatemala

  • Honduras

  • Hungary

  • Iceland

  • Jamaica

  • Japan

  • Lebanon

  • Lesotho

  • Macedonia

  • Mexico

  • Moldova

  • Monaco

  • Niger

  • Nigeria

  • Norway

  • Panama

  • Paraguay

  • Peru

  • Philippines

  • Poland

  • Romania

  • Saint Lucia

  • Slovak Republic

  • Slovenia

  • Switzerland

  • Uruguay

  • Venezuela

Part 2(Articles 2(b) and 3)

  • Antigua and Barbuda

  • Angola

  • Bahrain

  • Bangladesh

  • Belize

  • Benin

  • Botswana

  • Brunei Darussalam

  • Burundi

  • Cameroon

  • Central African Republic

  • Chad

  • Cote D'Ivoire

  • Cuba

  • Cyprus

  • Democratic Republic of Congo

  • Djibouti

  • Dominica

  • Egypt

  • Gabon

  • Gambia

  • Ghana

  • Grenada

  • Guinea

  • Guinea-Bissau

  • Guyana

  • Haiti

  • Hong Kong

  • India

  • Indonesia

  • Israel

  • Kenya

  • Korea, Republic of

  • Kuwait

  • Kyrgyz Republic

  • Latvia

  • Liechtenstein

  • Macau

  • Madagascar

  • Malawi

  • Malaysia

  • Maldives

  • Mali

  • Malta

  • Mauritania

  • Mauritius

  • Mongolia

  • Morocco

  • Mozambique

  • Myanmar

  • Namibia

  • New Zealand

  • Nicaragua

  • Pakistan

  • Papua New Guinea

  • Qatar

  • Rwanda

  • Saint Kitts and Nevis

  • Saint Vincent and the Grenadines

  • Senegal

  • Sierra Leone

  • Singapore

  • Solomon Islands

  • South Africa

  • Sri Lanka

  • Suriname

  • Swaziland

  • Tanzania

  • Thailand

  • Togo

  • Trinidad and Tobago

  • Tunisia

  • Turkey

  • Uganda

  • United Arab Emirates

  • United States

  • Zambia

  • Zimbabwe

(This note is not part of the Order)

Section 180 of Part II of the Copyright, Designs and Patents Act 1988 (rights in performances) confers rights on performers and persons having recording rights. A performance is a qualifying performance for the purposes of Part II of the Act if it is given by a qualifying individual or takes place in a qualifying country. In Part II of the Act “qualifying country” means the United Kingdom, another member State of the European Community, or, to the extent that an Order under section 208 so provides, a country designated under that section as enjoying reciprocal protection.

The Performances (Reciprocal Protection) (Convention Countries) Order 1995 (S.I.1995/2990) designated certain countries, which are parties to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (the Rome Convention) (Cmnd. 2425), as enjoying reciprocal protection under Part II of the Act.

Canada, Cape Verde, Lebanon, Macedonia, Poland, Romania, Saint Lucia, Slovenia and Venezuela have become parties to the Rome Convention since the making of the 1995 Order. This Order revokes and replaces the 1995 Order to include those countries in the list of designated countries.

The 1995 Order also designated certain countries, which are parties to the Agreement Establishing the World Trade Organisation (Cm. 2556–59, 2561–69, 2571–74) including the Agreement on Trade-Related Aspects of Intellectual Property Rights, as enjoying the more limited reciprocal obligations in respect of rights in performances arising therefrom.

Angola, Benin, Cameroon, Chad, Democratic Republic of the Congo, Gambia, Grenada, Haiti, Kyrgyz Republic, Latvia, Madagascar, Mongolia, Papua New Guinea, Qatar, Rwanda, Saint Kitts and Nevis, Solomon Islands and United Arab Emirates have become parties to the WTO Agreement since the making of the 1995 Order. This Order revokes and replaces the 1995 Order to include those countries in the list of designated countries.