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

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Application of Part 2 of the Act to WTO countries

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12.—(1) This article applies to a country listed in Part 2 of the Schedule to this Order where this article is specified in the entry relating to that country (WTO members not party to the Rome Convention or the WPPT).

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

(3) 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); and

(b)the following provisions do not apply—

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

(ii)section 182CA (consent required for making available to the public)(1);

(iii)section 182D (right to equitable remuneration for exploitation of sound recording)(2);

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

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

(vi)section 198(1A) and (2) (criminal liability for making available to the public)(3).

(1)

Section 182CA was inserted by regulation 7(1) of the Copyright and Related Rights Regulations 2003 (S.I. 2003/2498).

(2)

Section 182D was inserted by regulation 20(2) of the Copyright and Related Rights Regulations 1996 (S.I. 1996/2967) and was amended by regulation 7(2) of the Copyright and Related Rights Regulations 2003, by paragraphs 1 and 3(1) and (3) of the Schedule to the Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18) and by regulation 7 of the Copyright and Duration of Rights in Performances Regulation 2013 (S.I. 2013/1782).

(3)

Section 198(1A) was inserted by regulations 3 and 26(3)(a) of the Copyright and Related Rights Regulations 2003.

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