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

Statutory Instruments

2016 No. 1219

Copyright

Rights In Performances

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

Made

14th December 2016

Laid before Parliament

20th December 2016

Coming into force

6th April 2017

At the Court at Buckingham Palace, the 14th day of December 2016

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty is satisfied, to the extent that this Order relates to a country that—

(a) is not an EEA state, the Channel Islands, the Isle of Man or Gibraltar, and

(b) is not—

(i) in relation to copyright, a country party to the Berne Convention(1) or to the World Intellectual Property Organisation Performances and Phonograms Treaty(2) or a member of the World Trade Organisation, or

(ii) in relation to copyright and performances, a country party to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations(3) or otherwise a Convention country(4),

that provision has been or will be made under the law of that country giving adequate protection to the owners of copyright under Part 1 of the Copyright, Designs and Patents Act 1988(5) and to the owners of rights in respect of British performances(6).

Accordingly, Her Majesty, by and with the advice of Her Privy Council, in exercise of the powers conferred upon Her by sections 159, 206(4) and 208 of the Copyright, Designs and Patents Act 1988(7) and, in relation to article 1(3), by section 2(2) of the European Communities Act 1972(8), makes the following Order:

(1)

Cm.1212; “Berne Convention” is defined in section 159(9) of the Copyright, Designs and Patents Act 1988 c.48; section 159 of that Act was substituted by section 22(4) of the Intellectual Property Act 2014 (c.18).

(2)

Cm.3728.

(3)

Cm.2425.

(4)

“Convention country” is defined in section 208(2) of the Copyright, Designs and Patents Act 1988.

(5)

1988 c.48.

(6)

“British performance” is defined in section 208(3) of the Copyright, Designs and Patents Act 1988.

(7)

Section 159 was substituted, section 206(4) was inserted and section 208 was amended by section 22 of the Intellectual Property Act 2014 (c.18).

(8)

1972 c.68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).