2023 No. 296

Copyright
Rights In Performances

The Copyright and Performances (Application to Other Countries) (Amendment) Order 2023

Made

Laid before Parliament

Coming into force

At the Court at Buckingham Palace, the 8th day of March 2023

Present,

The King’s Most Excellent Majesty in Council

His Majesty, by and with the advice of His Privy Council, in exercise of the powers conferred on Him by sections 159 and 208 of the Copyright, Designs and Patents Act 19881 (“the Act”) makes the following Order.

His 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 Convention2 or to the World Intellectual Property Organisation Performances and Phonograms Treaty3 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 Organisations4 or otherwise a Convention country5,

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 performances6 under Part 2, of the Act.

Citation and commencement1

This Order may be cited as the Copyright and Performances (Application to Other Countries) (Amendment) Order 2023 and comes into force on 15th April 2023.

Amendment of the Copyright and Performances (Application to Other Countries) Order 20162

1

The Copyright and Performances (Application to Other Countries) Order 20167 is amended as follows.

2

In article 8 (application to broadcasts of Part 1 of the Act under section 159(4) – miscellaneous countries)8—

a

for paragraph (1), substitute—

1

This paragraph applies to a member State, Indonesia, Singapore, South Korea, Ukraine, Norway, Iceland, Liechtenstein, Australia and New Zealand.

b

for paragraph (2), substitute—

2

This paragraph applies to a member State, Hong Kong, Indonesia, Malawi, Malaysia, Singapore and New Zealand.

3

In Part 2 of the Schedule (application of Part 2 of the Act under articles 11 and 12 of the 2016 Order– countries which are not parties to the Rome Convention)9, in the table, in the row relating to Uganda, in the right-hand column, for “12” substitute “11”.

Richard TilbrookClerk of the Privy Council
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 performances 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 to wired broadcasts relating to Australia and both wired and wireless broadcasts relating to New Zealand. Article 2(3) 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. This change reflects the recent accession of Uganda to the WPPT.

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.