Explanatory note

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.

On 24 July 2025 the Comprehensive Economic and Trade Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India was signed by both countries. These changes are made in order to enable the UK’s ratification of that Agreement.

This Order amends the 2016 Order as follows.

Article 3 amends article 8 of the 2016 Order, so that article 8 provides for the application of Part 1 of the Act to India in relation to wireless and other broadcasts.

Article 4 removes India from the scope of article 11 of the 2016 Order, and inserts a new article 12B into that Order which provides for the application to India of Part 2 of the Act except for section 182D which concerns the right to equitable remuneration for exploitation of a sound recording.

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 at 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.