Explanatory note

Part 2 of the Copyright, Designs and Patents Act 1988 (c. 48) (“the Act”) confers rights on performers and persons having recording rights in relation to a performance. Part 2 of the Act applies to performances connected with certain countries, and it is applied by the Copyright and Performances (Application to Other Countries) Order 2016 (S.I. 2016/1219) (“the 2016 Order”) to performances connected with certain other countries. Section 181 of the Act was substituted by the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 (c. 6) to add further grounds on which a performance can qualify as a qualifying performance for the purposes of Part 2 of the Act. That substitution takes effect on the day on which the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (including the UK Accession Protocol (CP 1017)) enters into force for the United Kingdom.

The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 (S.I. 2024/193) (“the 2024 Order”) made certain amendments to the 2016 Order, with effect from the day on which the Comprehensive and Progressive Agreement for Trans-Pacific Partnership enters into force for the United Kingdom. Article 2 of this Order revokes one of those amendments before it takes effect, as that amendment is superseded by article 4 of this Order.

This Order also amends the 2016 Order as follows.

Article 4 revokes the restriction imposed by article 9 of the 2016 Order on the application of Part 2 of the Act to certain countries that are party to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (“the Rome Convention”, Cm. 2425). Articles 4, 5 and 6 amend the 2016 Order to impose new restrictions on the application of Part 2 of the Act to the United Kingdom, the Channel Islands, the Isle of Man, Gibraltar, countries that are party to the Rome Convention, countries that are party to the World Intellectual Property Organisation Performances and Phonograms Treaty (the WPPT, Cm. 8160), and Malta. Those restrictions restrict the grounds on which a performance can qualify as a qualifying performance for the purpose of a performer’s right under section 182D of the Act to equitable remuneration for exploitation of a sound recording.

The rights conferred by Part 2 of the Act (including the substituted section 181), and articles 9 to 12A of the 2016 Order, apply in relation to performances irrespective of the date of the performance. Accordingly, the amendments made by this Order to the 2016 Order also apply in relation to performances irrespective of the date of the performance (including performances taking place before the date on which this Order comes into force).

Article 7 amends the saving provision contained in article 13 of the 2016 Order, to ensure that it covers the acquisition of copyright and rights conferred by Part 2 of the Act as a consequence of the amendments made to the 2016 Order by the 2024 Order.

A de minimis impact assessment of the effect that this instrument will have is available from the Intellectual Property Office, Concept House, Cardiff Road, Newport, South Wales, NP10 8QQ.

A copy of this instrument and the Explanatory Memorandum are available from the Intellectual Property Office at the above address. The Explanatory Memorandum is also available alongside this instrument on the Legislation UK website at www.legislation.gov.uk.