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

EXPLANATORY NOTE

(This note is not part of the Order)

Part 1 of the Copyright, Designs and Patents Act 1988 (“the Act”) confers the protection of copyright on the creators of certain works (“Part 1 protections”). It applies to works originating from certain countries and is applied by the Copyright and Performances (Application to Other Countries) Order 2016 (“the 2016 Order”), made under powers conferred by the Act, to works originating from certain other countries. Part 2 of the Act confers the protection of rights on performers and persons having recording rights in relation to a performance (“Part 2 protections”). It applies to peformances connected with certain countries and is also applied by the 2016 Order to performances connected with certain other countries.

This Order amends the 2016 Order as follows. Article 2(2) amends article 8 of the 2016 Order to provide for the application of Part 1 protections both to wired and wireless broadcasts relating to a EU state, in each case in the manner set out in relevant provisions of that amended article. Article 2(3) inserts a new provision into the 2016 Order to apply the Part 2 protections to Malta. Article 2(4)(a) amends the 2016 Order to provide for the application of Part 1 protections to sound recordings relating to Malta and Singapore. These changes implement obligations to which the United Kingdom is subject under its trade agreements with other countries.

Article 2(4)(b) amends the list in the 2016 Order of countries which are not parties to the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations but have become parties to the World Intellectual Property Organisation Performance and Phonograms Treaty (WPPT) to which certain Part 2 protections apply in accordance with article 11 of the 2016 Order. These changes implement the United Kingdom’s obligations to protect performances connected with WPPT countries.

No impact assessment has been produced for this instrument as no significant impact on the private or voluntary sector is foreseen. An explanatory memorandum is available alongside this instrument on the Legislation UK website at www.legislation.gov.uk.