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The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024

S.I. 2024/193 · Made 21 February 2024 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 14 December 2024.

This Statutory Instrument has been made in part to correct errors in S.I. 2016/1219 and is being issued free of charge to all known recipients of that Statutory Instrument.

COPYRIGHT

RIGHTS IN PERFORMANCES

Made 21st February 2024

Laid before Parliament 28th February 2024

Coming into force in accordance with article 1(2)

At the Court at Buckingham Palace, the 21st day of February 2024

Present,

The King's Most Excellent Majesty in Council

His Majesty, in exercise of the powers conferred on him by sections 159f1, 206f2 and 208f3 of the Copyright, Designs and Patents Act 1988f4 (“the Act”), is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows.

His Majesty is satisfied, in relation to copyright in wireless broadcasts, to the extent that this Order relates to a country to which article 7 of the Copyright and Performances (Application to Other Countries) Order 2016f5 appliesf6, that provision has been or will be made under the law of that country in respect of wireless broadcasts giving adequate protection to the owners of copyright under Part 1 of the Act.

Annotations to the whole text

Footnotes

f1

1988 c. 48; section 159 was substituted by section 22(4) of the Intellectual Property Act 2014 (c. 18).

f2

Section 206 was amended by section 22(5) to (7) of the Intellectual Property Act 2014 (c. 18), section 2(3) of the British Overseas Territories Act 2002 (c. 8) and regulations 2 and 22 of S.I. 2019/605.

f3

Section 208 was amended by section 22(8) of the Intellectual Property Act 2014 (c. 18).

f4

1988 c. 48.

f5

S.I. 2016/1219, amended by S.I. 2019/605, 2021/636, 2021/1258, 2023/296.

f6

Article 7 applies to certain members of the World Trade Organisation (see article 7(1)).

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment of the Copyright and Performances (Application to Other Countries) Order 2016
  3. 3Literary, dramatic, musical and artistic works first published before 1st June 1957: replacement of restriction on the application of Part 1 of the Act to countries that are party to the Berne Convention or are WTO members
  4. 4Sound recordings: removal of restrictions on the application of Part 1 of the Act to countries that are party to the WPPT
  5. 5Broadcasts: removal of restrictions on the application of Part 1 of the Act to countries that are party to the Rome Convention and countries that are WTO members
  6. 6Performances: removal of restrictions on the application of Part 2 of the Act to certain countries that are party to the Rome Convention and certain countries that are party to the WPPT
  7. Signature
  8. Explanatory note

1Citation, commencement and extentI1

(1)

This Order may be cited as the Copyright and Performances (Application to Other Countries) (Amendment) Order 2024.

(2)

This Order comes into force on the day on which the CPTPP enters into force for the United Kingdomf1.

(3)

This Order extends to England and Wales, Scotland and Northern Ireland.

(4)

In this article—

(a)

“the CPTPP” means the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Santiago on 8 March 2018, including the UK Accession Protocol, as it has effect in the United Kingdom from time to timef2;

(b)

“the UK Accession Protocol” means the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Auckland and Bandar Seri Begawan on 16 July 2023f3.

2Amendment of the Copyright and Performances (Application to Other Countries) Order 2016I1

The Copyright and Performances (Application to Other Countries) Order 2016f1 is amended in accordance with articles 3 to 6.

3Literary, dramatic, musical and artistic works first published before 1st June 1957: replacement of restriction on the application of Part 1 of the Act to countries that are party to the Berne Convention or are WTO membersI1

In article 2 (Berne Conventionf1 parties and WTO members: restriction on the application of Part 1 of the Act to certain works first published before 1st June 1957), for paragraph (2) substitute—

“(2)

Paragraph 5(1) of Schedule 1 to the Act (copyright: transitional provisions and savings) does not apply in relation to a literary, dramatic, musical or artistic work first published before 1st June 1957 in so far as its application would otherwise prevent the work from qualifying for copyright protection under section 154f2 (qualification by reference to author).”

4Sound recordings: removal of restrictions on the application of Part 1 of the Act to countries that are party to the WPPTI1

In article 3 (WPPT parties: restrictions on the application of Part 1 of the Act to sound recordings)—

(a)

in paragraph (1)—

(i)

after “WPPT” insert “: sound recordings”;

(ii)

for “restrictions” substitute “restriction”;

(b)

in paragraph (2), omit sub-paragraphs (b) and (c).

5Broadcasts: removal of restrictions on the application of Part 1 of the Act to countries that are party to the Rome Convention and countries that are WTO membersI1

(1)

In article 6 (Rome Conventionf1 parties: restrictions on the application of Part 1 of the Act to broadcasts)—

(a)

in paragraph (1), for “restrictions specified in paragraphs (2) and (3)” substitute “restriction specified in paragraph (3)”;

(b)

omit paragraph (2).

(2)

In article 7(3) (WTO members: restrictions on the application of Part 1 of the Act to wireless broadcasts)—

(a)

in sub-paragraph (d), for “does not apply in so far as it relates” substitute “only applies in relation”;

(b)

omit sub-paragraph (f) and the “and” preceding it.

(3)

In article 8(2)f2 (miscellaneous countries: application of Part 1 of the Act to wireless broadcasts), for “a member State” substitute “Malta”.

6Performances: removal of restrictions on the application of Part 2 of the Act to certain countries that are party to the Rome Convention and certain countries that are party to the WPPTI1

F1(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

Omit article 10 (WPPT parties that are Rome Convention parties: application of Part 2 of the Act).

(3)

In article 11 (WPPT parties that are not Rome Convention parties: application of Part 2 of the Act)—

(a)

in paragraph (3)(b)—

(i)

omit paragraph (ii);

(ii)

in paragraph (iv), at the end, insert “, in so far as it relates to an infringement under section 187f1”;

(b)

in paragraph (4), after “applies” insert “, other than New Zealand and Singapore,”.

(4)

In the Schedule, in Part 2f2 (WPPT parties and WTO members which are not Rome Convention parties: application of Part 2 of the Act), omit the entries for Belize, Canada, Qatar and Tunisia.

Signature

Richard Tilbrook

Clerk of the Privy Council

Explanatory note

(This note is not part of the Order in Council)

Part 1 of the Copyright, Designs and Patents Act 1988 (c. 48) (“the Act”) confers copyright on the creators of certain works. Part 1 applies to works originating from 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 works originating from certain other countries. Part 2 of the Act confers rights on performers and persons having recording rights in relation to a performance. Part 2 applies to performances connected with certain countries, and it is applied by the 2016 Order to performances connected with certain other countries.

This Order amends the 2016 Order as follows.

Article 3 replaces, in relation to countries that are party to the Berne Convention for the Protection of Literary and Artistic Works (Cm. 1212) or are members of the World Trade Organisation (“WTO members”), the restriction imposed by the 2016 Order on the application of Part 1 of the Act to literary, dramatic, musical or artistic works first published before 1st June 1957. The effect of the replacement restriction is to enable such works to qualify for copyright protection by reference to the author.

Article 4 removes, in relation to countries that are party to the World Intellectual Property Organisation Performances and Phonograms Treaty (“the WPPT”, Cm. 8160), certain restrictions imposed by the 2016 Order on the application of Part 1 of the Act to sound recordings.

Article 5 removes, in relation to countries that are party to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (“the Rome Convention”, Cm. 2425) or are WTO members, certain restrictions imposed by the 2016 Order on the application of Part 1 of the Act to broadcasts.

Article 6 removes, in relation to certain countries that are party to the Rome Convention and certain countries that are party to the WPPT, certain restrictions imposed by the 2016 Order on the application of Part 2 of the Act to performances. It also revokes article 10 of the 2016 Order which contained errors.

These changes are made in order to enable the United Kingdom to accede to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (including the UK Accession Protocol), and to implement other international obligations of the United Kingdom relating to copyright and performances.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

A copy of this instrument and the Explanatory Memorandum are available from the Intellectual Property Office, Concept House, Cardiff Road, Newport, South Wales, NP10 8QQ. The Explanatory Memorandum is also available alongside this instrument on the Legislation UK website at www.legislation.gov.uk .