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Statutory Instruments

2009 No. 2745

Copyright

The Copyright and Performances (Application to Other Countries) (Amendment) Order 2009

Made

15th October 2009

Laid before Parliament

22nd October 2009

Coming into force

12th November 2009

At the Court at Buckingham Palace, the 15th day of October 2009

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty is satisfied that provision has been or will be made giving adequate protection to the owners of the copyright in British sound recordings and wireless and other broadcasts and to performances and persons having recording rights in relation to performances under the laws of Bermuda.

Accordingly, Her Majesty, by and with the advice of Her Privy Council, in exercise of the powers conferred upon Her by sections 159 and 208 of the Copyright, Designs and Patents Act 1988(1), makes the following Order:

Citation and Commencement

1.  This Order may be cited as the Copyright and Performances (Application to Other Countries) (Amendment) Order 2009 and shall come into force on 12th November 2009.

Amendment

2.—(1) The table set out in the Schedule to the Copyright and Performances (Application to Other Countries) Order 2008(2) is amended as follows.

(2) In the first column, under the heading “Country”, insert “Bermuda” into the list of entries in proper alphabetical order.

(3) Adjacent to “Bermuda” in the first column, as inserted by paragraph (2)—

(a)in the second column, under the heading “Article 2 (literary, dramatic, musical and artistic works, films and typographical arrangements)”, insert the word “Applies”;

(b)in the third column, under the heading “Article 3 (sound recordings)”, insert the word and symbol “Applies (*)”;

(c)in the fourth column, under the heading “Article 4 (wireless broadcasts)”, insert the word and date “Applies (6th August 1962)”;

(d)in the fifth column, under the heading “Article 5 (other broadcasts)”, insert the word “Applies”; and

(e)in the sixth column, under the heading “Article 6 (performances)”, insert the word “Designated”.

Judith Simpson

Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Copyright and Performances (Application to Other Countries) Order 2008 (S.I. 2008/677). This Order applies copyright protection under Part I of the Copyright, Designs and Patents Act 1988 (“the Act”) to works originating from Bermuda. This Order also confers on Bermuda reciprocal protection under Part 2 of the Act which confers rights on performers and persons having recording rights in relation to a performance.

A full impact assessment has not been produced for this instrument as it has no impact on the costs of business.