The Copyright and Performances (Application to Other Countries) (Amendment) Order 2021

Statutory Instruments

2021 No. 636

Copyright

Rights In Performances

The Copyright and Performances (Application to Other Countries) (Amendment) Order 2021

Made

26th May 2021

Laid before Parliament

2nd June 2021

Coming into force

26th June 2021

At the Court at Windsor Castle, the 26th day of May 2021

Present,

The Queen’s Most Excellent Majesty in Council

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

Her Majesty is satisfied that, to the extent that this Order relates to a country that is not—

(a) in relation to copyright, a country party to the Berne Convention(2) or to the World Intellectual Property Organisation Performances and Phonograms Treaty(3) or a member of the World Trade Organisation, or

(b) in relation to copyright and performances, a country party to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations(4) or otherwise a Convention country(5),

provision has been or will be made under the law of that country giving adequate protection to the owners of copyright under Part 1, and to the owners of rights in respect of British performances(6) under Part 2, of the Act.

(1)

1988 c. 48. 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) (“the 2014 Act”).

(2)

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

(3)

Cm. 3728.

(4)

Cm. 2425.

(5)

“Convention country” is defined in section 208(2) of the 1988 Act.

(6)

“British performances” is defined in section 208(3) of the 1988 Act.