The Copyright and Performances (Application to Other Countries) Order 2016

Application of Part 2 of the Act to WPPT countries which have made a declaration under Article 15(3) of the WPPT and which are party to the Rome Convention

10.—(1) This article applies to—

(a) Australia (including Norfolk Island);

(b) Chile;

(c) Costa Rica;

(d) Korea, Republic of; and

(e) Macedonia, The Former Yugoslav Republic of.

(2) This article does not affect the application of Part 2 of the Act to a country to which this article applies by virtue of paragraph (bb) (countries party to the Rome Convention) of the definition of “qualifying country” in subsection (1) of section 206 (qualifying countries).

(3) A country to which this article applies is, subject to paragraph (4), designated as enjoying reciprocal protection under Part 2 of the Act.

(4) Part 2 of the Act applies subject to the following modifications—

(a) the definition of recording in section 180(2) (rights conferred on performers and persons having recording rights), shall be construed as applying only to sound recordings (and not to films);

(b) the following provisions do not apply—

(i) section 182C (consent required for rental or lending of copies to the public)(1), in so far as it relates to lending;

(ii) section 183 (infringement of performer’s rights by use of recording made without consent)(2);

(iii) sections 185 to 188 (rights of persons having recording rights)(3); and

(iv) section 198(2) (criminal liability for making available to the public)(4);

and

(c) the provisions of Part 2 of the Act shall not apply to protect the right provided for in Article 15(1) of the WPPT to the extent that a declaration is in force in the law of a country to which this article applies in relation to British performances.

(5) In paragraph (4)(c) “declaration” means a declaration made under Article 15(3) of the WPPT by a country to which this article applies that—

(a) it will apply the provisions of Article 15(1) of the WPPT (which confers on performers and producers of phonograms a right to remuneration for broadcasting and communication to the public) only in respect of certain uses;

(b) it will limit the application of the provisions of Article 15(1) of the WPPT in some other way; or

(c) it will not apply the provisions of Article 15(1) of the WPPT at all.

(1)

Section 182C was inserted by regulations 4 and 20(2) of the Copyright and Related Rights Regulations 1996 (S.I. 1996/2967).

(2)

Section 183 was amended by paragraphs 1 and 13(1)(a) of Schedule 1 to the Copyright and Related Rights Regulations 2003 (S.I. 2003/2498).

(3)

Section 185 was amended by paragraphs 1 and 8 of the Schedule to the Performances (Moral Rights etc.) Regulations 2006 (S.I. 2006/18). Section 186 was amended by Schedule 2 to the Copyright and Related Rights Regulations 2003. Section 187 was amended by paragraphs 1 and 13(1)(b) of Schedule 1 to the Copyright and Related Rights Regulations 2003.

(4)

Section 198(2) was amended by paragraph 1 and 4(5) of Schedule 1 to the Copyright and Related Rights Regulations 2003 and by paragraphs 1 and 8 of the Schedule to the Performances (Moral Rights etc.) Regulations 2006.