# The Copyright and Performances (Application to Other Countries) Order 2007

S.I. 2007/273 · made 7 February 2007

Part 1 of the Copyright, Designs and Patents Act 1988 (“the Act”) confers copyright on the creators of certain works. Part 2 of the Act confers rights on performers and persons having recording rights in relation to a performance. The purpose of this Order is to apply Part 1 of the Act to works originating from other countries and to confer on certain countries reciprocal protection under Part 2 of the Act. In this Order the term “country” includes territories, by reason of sections 178 and 211 of the Act.

Made under: Copyright, Designs and Patents Act 1988 (Section 159, Section 208); European Communities Act 1972 (repealed) (Section 2)

PDFs: Printed copy https://openlegislation.uk/copyright-and-performances-application-to-other-countries-order-2007/pdf/uksi_20070273_en.pdf; Explanatory Memorandum https://openlegislation.uk/copyright-and-performances-application-to-other-countries-order-2007/pdf/uksiem_20070273_en.pdf

## Introductory text

COPYRIGHT
RIGHTS IN PERFORMANCES
Made 7th February 2007
Laid before Parliament 14th February 2007
Coming into force 6th April 2007
At the Court at Buckingham Palace, the 7th day of February 2007
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty is satisfied that provision has been or will be made giving adequate protection for British performances and to the owners of British copyright works under the laws of the Isle of Man and for British performances under the laws of Gibraltar.
Her Majesty is further satisfied that provision has been or will be made giving adequate protection to the owners of the copyright in British sound recordings and wireless broadcasts under the laws of Indonesia and Malaysia and to the owners of the copyright in British sound recordings under the laws of Bangladesh, Botswana, Gabon, Georgia, Ghana, Guinea, India, Jordan, Kazakhstan, Mali, Mongolia, New Zealand, Pakistan, Senegal, Taiwan, Thailand and the United States of America.
Accordingly, Her Majesty, by and with the advice of Her Privy Council, in exercise of the powers conferred upon Her by sections 159 and 208 of the Copyright, Designs and Patents Act 1988 and by section 2(2) of the European Communities Act 1972, makes the following Order:

## 1 Introductory

(1) This Order may be cited as the Copyright and Performances (Application to Other Countries) Order 2007 and shall come into force on 6th April 2007.
(2) In this Order “the Act “ means the Copyright, Designs and Patents Act 1988.
(3) The Copyright and Performances (Application to Other Countries) Order 2006 is revoked.

## 2 Literary, dramatic, musical and artistic works, films and the typographical arrangement of published editions

(1) All the provisions of Part 1 of the Act, insofar as they relate to literary, dramatic, musical and artistic works, films and the typographical arrangement of published editions, apply in relation to the countries indicated in the second column of the table set out in the Schedule so that those provisions apply—
(a) in relation to persons who are citizens or subjects of, or are domiciled or resident in, those countries as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom,
(b) in relation to bodies incorporated under the laws of those countries as they apply in relation to bodies incorporated under the law of a part of the United Kingdom, and
(c) in relation to works first published in those countries as they apply in relation to works first published in the United Kingdom,
subject to paragraph (2).
(2) Where a literary, dramatic, musical or artistic work was first published before 1st June 1957 it shall not qualify for copyright protection by reason of section 154 (qualification by reference to author).

## 3 Sound recordings

(1) Except for the provisions listed in paragraph (2)(a), all the provisions of Part 1 of the Act, insofar as they relate to sound recordings, apply in relation to the countries indicated in the third column of the table set out in the Schedule so that those provisions apply—
(a) in relation to persons who are citizens or subjects of, or are domiciled or resident in, those countries as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom,
(b) in relation to bodies incorporated under the laws of those countries as they apply in relation to bodies incorporated under the law of a part of the United Kingdom, and
(c) in relation to works first published in those countries as they apply in relation to works first published in the United Kingdom.
(2) Where in the third column of the table set out in the Schedule the entry for a country—
(a) includes an asterisk (*), the following provisions of Part 1 of the Act, insofar as they relate to sound recordings, also apply to that country—
(i) section 18A (infringement by rental or lending of work to the public) insofar as it applies to lending;
(ii) section 19 (infringement by playing of work in public);
(iii) section 20 (infringement by communication to the public);
(iv) section 26 (secondary infringement: provision of apparatus for infringing performance, &c); and
(v) section 107(2A) and (3) (criminal liability for communicating to the public or playing a sound recording);
(b) includes a hash (#), the following provisions of Part 1 of the Act, insofar as they relate to sound recordings, also apply to that country—
(i) section 20 (infringement by communication to the public), except that references to communication to the public do not include the broadcasting of a sound recording; and
(ii) section 107(2A) (criminal liability for communicating to the public), except that it does not apply in relation to the broadcasting of a sound recording.

## 4 Wireless broadcasts

(1) Except for the provisions listed in paragraph (2), all the provisions of Part 1 of the Act, insofar as they relate to wireless broadcasts, apply in relation to the countries indicated in the fourth column of the table set out in the Schedule so that those provisions apply—
(a) in relation to persons who are citizens or subjects of, or are domiciled or resident in, those countries as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom,
(b) in relation to bodies incorporated under the laws of those countries as they apply in relation to bodies incorporated under the law of a part of the United Kingdom, and
(c) in relation to broadcasts made from those countries as they apply in relation to broadcasts made from the United Kingdom,
subject to paragraphs (3) to (5).
(2) The following provisions of Part 1 of the Act, insofar as they relate to wireless broadcasts, also apply in relation to a country where its entry in the fourth column of the table set out in the Schedule does not include an asterisk (*)—
(a) section 18A (infringement by rental or lending of work to the public);
(b) section 19 (infringement by showing or playing of work in public), but only insofar as it relates to broadcasts other than television broadcasts;
(c) section 20 (infringement by communication to the public), except in relation to broadcasting by wireless telegraphy;
(d) section 26 (secondary infringement: provision of apparatus for infringing performance, &c), but only insofar as it relates to broadcasts other than television broadcasts;
(e) section 107(2A) (criminal liability for communicating to the public), except in relation to broadcasting by wireless telegraphy.
(3) The provisions of Part 1 of the Act do not apply in relation to a wireless broadcast made from a place in a country, referred to in paragraph (4), before the relevant date.
(4) The relevant date in relation to a country—
(a) where its entry in the fourth column of the table set out in the Schedule includes an “(X)”, is 1st June 1957;
(b) where its entry in the fourth column of the table set out in the Schedule includes a “(Y)”, is 1st January 1996; or
(c) where there is a date next to its entry in the fourth column of the table set out in the Schedule, is that date.
(5) For the purposes of section 14(5) of the Act (duration of copyright in repeats) any wireless broadcast which does not qualify for copyright protection shall be disregarded.

## 5 Other broadcasts

All the provisions of Part 1 of the Act, insofar as they relate to broadcasts (other than wireless broadcasts), apply in relation to the countries indicated in the fifth column of the table set out in the Schedule so that those provisions apply—
(a) in relation to persons who are citizens or subjects of, or are domiciled or resident in, those countries as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom,
(b) in relation to bodies incorporated under the laws of those countries as they apply in relation to bodies incorporated under the law of a part of the United Kingdom, and
(c) in relation to broadcasts made from those countries as they apply in relation to broadcasts made from the United Kingdom.

## 6 Performances

(1) The countries in respect of which the word “designated” is included in the sixth column of the table set out in the Schedule are designated as enjoying reciprocal protection under Part 2 of the Act.
(2) The countries in respect of which the word “deemed” is included in the sixth column of the table set out in the Schedule shall be treated as if they were designated as enjoying reciprocal protection under Part 2 of the Act, except that—
(a) in that Part the term “recording” shall be construed as applying only to sound recordings (and not to films);
(b) the following provisions of Part 2 of the Act shall not apply—
(i) section 182C (consent required for rental or lending of copies to public), insofar as it relates to lending;
(ii) section 182D (right to equitable remuneration for exploitation of sound recording);
(iii) section 183 (infringement of performer’s rights by use of recording made without consent);
(iv) sections 185 to 188 (rights of person having recording rights);
(v) section 198(2) (criminal liability for playing or communicating to the public); and
(c) where in the sixth column of the table set out in the Schedule the entry for a country includes an asterisk (*), the following provisions of Part 2 of the Act shall also not apply—
(i) section 182CA (consent required for making available to the public);
(ii) section 198(1A) (criminal liability for making available to the public).

## 7 Savings

(1) For the purposes of this article an act is an “excluded act” where—
(a) a person (A) has incurred any expenditure or liability in connection with the act; and
(b) he—
(i) began in good faith to do the act, or
(ii) made in good faith effective and serious preparations to do the act,
at a time when the act neither infringed nor was restricted by the relevant rights in the work or performance.
(2) Where another person (B) acquires those relevant rights pursuant to this Order, A has the right—
(a) to continue to do the excluded act, or
(b) to do the excluded act,
notwithstanding that the excluded act infringes or is restricted by those relevant rights.
(3) Where B, or his exclusive licensee, pays reasonable compensation to A paragraph (2) no longer applies.
(4) Where—
(a) B offers to pay compensation to A under paragraph (3); but
(b) A and B cannot agree on what compensation is reasonable,
either person may refer the matter to arbitration.
(5) In this article “relevant rights” means copyright, the rights conferred by Chapter 4 of Part 1 of the Act and the rights conferred by Part 2 of the Act.

## Signature

Christine Cook
Deputy Clerk of the Privy Council

## 

Country
Article 2
(literary, dramatic, musical and artistic works, films and typographical arrangements)
Article 3
(sound recordings)
Article 4
(wireless broadcasts)
Article 5
(other broadcasts)
Article 6
(performances)
Albania
Applies
Applies (*)
Applies
(1st September 2000)
Designated
Algeria
Applies
Applies
Andorra
Applies
Applies (*)
Applies
(25th May 2004)
Designated
Angola
Applies
Applies
Applies (*)
(23rd November 1996)
Deemed (*)
Antigua and Barbuda
Applies
Applies
Applies (*)(Y)
Deemed (*)
Argentina
Applies
Applies (*)
Applies
(2nd March 1992)
Designated
Armenia
Applies
Applies (*)
Applies
(31st January 2003)
Designated
Australia (including Norfolk Island)
Applies
Applies (*)
Applies
(30th September 1992)
Designated
Austria
Applies
Applies (*)
Applies (X)
Applies
Azerbaijan
Applies
Applies (*)
Applies (5th October 2005)
Designated
Bahamas
Applies
Applies
Bahrain
Applies
Applies (*)
Applies (Y)
Designated
Bangladesh
Applies
Applies (*)
Applies (*)(Y)
Deemed (*)
Barbados
Applies
Applies (*)
Applies
(18th September 1983)
Designated
Belarus
Applies
Applies (*)
Applies
(27th May 2003)
Designated
Belgium
Applies
Applies (*)
Applies (X)
Applies
Belize
Applies
Applies
Applies (*)(Y)
Deemed (*)
Benin
Applies
Applies (#)
Applies (*)
(22nd February 1996)
Deemed
Bhutan
Applies
Applies
Bolivia
Applies
Applies (*)
Applies
(24th November 1993)
Designated
Bosnia and Herzegovina
Applies
Applies
Botswana
Applies
Applies (#)
Applies (*)(Y)
Deemed
Brazil
Applies
Applies (*)
Applies
(29th September 1965)
Designated
Brunei Darussalam
Applies
Applies
Applies (*)(Y)
Deemed (*)
Bulgaria
Applies
Applies (*)
Applies (X)
Applies
Burkina Faso
Applies
Applies (*)
Applies
(14th January 1988)
Designated
Burundi
Applies
Applies
Applies (*)(Y)
Deemed (*)
Cambodia
Applies
Applies
Applies (*) (13th October 2004)
Deemed (*)
Cameroon
Applies
Applies
Applies (*)(Y)
Deemed (*)
Canada
Applies
Applies (*)
Applies (Y)
Designated
Cape Verde
Applies
Applies (*)
Applies (3rd July 1997)
Designated
Central African Republic
Applies
Applies
Applies (*)(Y)
Deemed (*)
Chad
Applies
Applies
Applies (*)
(19th October 1996)
Deemed (*)
Chile
Applies
Applies (*)
Applies
(5th September 1974)
Designated
China
Applies
Applies
Applies (*)
(11th December 2001)
Deemed (*)
Columbia
Applies
Applies (*)
Applies
(17th September 1976)
Designated
Comoros
Applies
Applies
Congo
Applies
Applies (*)
Applies
(18th May 1964)
Designated
Costa Rica
Applies
Applies (*)
Applies
(9th September 1971)
Designated
Cote d’Ivoire
Applies
Applies
Applies (*)(Y)
Deemed (*)
Croatia
Applies
Applies (*)
Applies (20th April 2000)
Designated
Cuba
Applies
Applies
Applies (*)(Y)
Deemed (*)
Cyprus
Applies
Applies (*)
Applies (X)
Applies
Czech Republic
Applies
Applies (*)
Applies (X)
Applies
Democratic Republic of the Congo
Applies
Applies
Applies (*)
(1st January 1997)
Deemed (*)
Denmark
Applies
Applies (*)
Applies (X)
Applies
Djibouti
Applies
Applies
Applies (*)(Y)
Deemed (*)
Dominica
Applies
Applies (*)
Applies (Y)
Designated
Dominican Republic
Applies
Applies (*)
Applies
(27th January 1987)
Designated
Ecuador
Applies
Applies (*)
Applies
(18th May 1964)
Designated
Egypt
Applies
Applies
Applies (*)(Y)
Deemed (*)
El Salvador
Applies
Applies (*)
Applies
(29th June 1979)
Designated
Equatorial Guinea
Applies
Applies
Estonia
Applies
Applies (*)
Applies (X)
Applies
Faeroe Islands
Applies
Applies
Applies
(1st February 1962)
Designated
Fiji
Applies
Applies (*)
Applies
(11th April 1972)
Designated
Finland
Applies
Applies (*)
Applies (X)
Applies
France (including Overseas Departments and Territories)
Applies
Applies (*)
Applies (X)
Applies
Gabon
Applies
Applies (#)
Applies (*)(Y)
Deemed
Gambia
Applies
Applies
Applies (*)
(23rd October 1996)
Deemed (*)
Georgia
Applies
Applies (#)
Applies (*)
(14th June 2000)
Deemed
Germany
Applies
Applies (*)
Applies (X)
Applies
Ghana
Applies
Applies (*)
Applies (*)(Y)
Deemed (*)
Gibraltar
Applies
Applies (*)
Applies (X)
Applies
Designated
Greece
Applies
Applies (*)
Applies (X)
Applies
Greenland
Applies
Applies
Applies
(1st February 1962)
Designated
Grenada
Applies
Applies
Applies (*)
(22nd February 1996)
Deemed (*)
Guatemala
Applies
Applies (*)
Applies
(14th January 1977)
Designated
Guinea
Applies
Applies (#)
Applies (*)(Y)
Deemed
Guinea-Bissau
Applies
Applies
Applies (*)(Y)
Deemed (*)
Guyana
Applies
Applies
Applies (*)(Y)
Deemed (*)
Haiti
Applies
Applies
Applies (*)
(30th January 1996)
Deemed (*)
Holy See
Applies
Applies
Honduras
Applies
Applies (*)
Applies
(16th February 1990)
Designated
Hong Kong
Applies
Applies (*)
Applies (X)
Deemed (*)
Hungary
Applies
Applies (*)
Applies (X)
Applies
Iceland
Applies
Applies (*)
Applies
(X)
Applies
Designated
India
Applies
Applies (*)
Applies (*)(Y)
Deemed (*)
Indonesia
Applies
Applies (*)
Applies (X)
Applies
Deemed
Ireland
Applies
Applies (*)
Applies (X)
Applies
Isle of Man
Applies
Applies (*)
Applies (X)
Applies
Designated
Israel
Applies
Applies (*)
Applies (Y)
Designated
Italy
Applies
Applies (*)
Applies (X)
Applies
Jamaica
Applies
Applies (*)
Applies
(27th January 1994)
Designated
Japan
Applies
Applies (*)
Applies
(26th October 1989)
Designated
Jordan
Applies
Applies (#)
Applies (*)
(11th April 2000)
Deemed
Kazakhstan
Applies
Applies (#)
Deemed
Kenya
Applies
Applies
Applies (*)(Y)
Deemed (*)
Korea, Democratic People’s Republic of
Applies
Applies
Korea, Republic of
Applies
Applies
Applies (*)(Y)
Deemed (*)
Kuwait
Applies
Applies
Applies (*)(Y)
Deemed (*)
Kyrgyzstan
Applies
Applies (*)
Applies
(20th December 1998)
Designated
Lao People’s Democratic Republic
Applies
Applies
Latvia
Applies
Applies (*)
Applies (X)
Applies
Lebanon
Applies
Applies (*)
Applies
(12th August 1997)
Designated
Lesotho
Applies
Applies (*)
Applies
(26th January 1990)
Designated
Liberia
Applies
Applies
Libyan Arab Jamahiriya
Applies
Applies
Liechtenstein
Applies
Applies (*)
Applies (X)
Applies
Designated
Lithuania
Applies
Applies (*)
Applies (X)
Applies
Luxembourg
Applies
Applies (*)
Applies (X)
Applies
Macao
Applies
Applies
Applies (*)(Y)
Deemed (*)
Macedonia, The Former Yugoslav Republic of
Applies
Applies (*)
Applies
(2nd March 1998)
Designated
Madagascar
Applies
Applies
Applies (*)(Y)
Deemed (*)
Malawi
Applies
Applies (*)
Applies
(22nd June 1989)
Deemed (*)
Malaysia
Applies
Applies (*)
Applies (X)
Deemed (*)
Maldives
Applies
Applies
Applies (*)(Y)
Deemed (*)
Mali
Applies
Applies (#)
Applies (*)(Y)
Deemed
Malta
Applies
Applies (*)
Applies (X)
Applies
Mauritania
Applies
Applies
Applies (*)(Y)
Deemed (*)
Mauritius
Applies
Applies
Applies (*)(Y)
Deemed (*)
Mexico
Applies
Applies (*)
Applies
(18th May 1964)
Designated
Micronesia, Federated States of
Applies
Applies
Moldova, Republic of
Applies
Applies (*)
Applies
(5th December 1995)
Designated
Monaco
Applies
Applies (*)
Applies
(6th December 1985)
Designated
Mongolia
Applies
Applies (#)
Applies (*)
(29th January 1997)
Deemed
Montenegro
Applies
Applies (*)
Applies
(10th June 2003)
Designated
Morocco
Applies
Applies
Applies (*)(Y)
Deemed (*)
Mozambique
Applies
Applies
Applies (*)(Y)
Deemed (*)
Myanmar
Applies
Applies
Applies (*)(Y)
Deemed (*)
Namibia
Applies
Applies
Applies (*)(Y)
Deemed (*)
Nepal
Applies
Applies
Applies (*) (23rd April 2004)
Deemed (*)
Netherlands
Applies
Applies (*)
Applies (X)
Applies
Netherlands Antilles and Aruba
Applies
Applies
Applies (*)(Y)
Deemed
New Zealand
Applies
Applies (*)
Applies (*)(Y)
Deemed (*)
Nicaragua
Applies
Applies (*)
Applies (Y)
Designated
Niger
Applies
Applies (*)
Applies
(18th May 1964)
Designated
Nigeria
Applies
Applies (*)
Applies
(29th October 1993)
Designated
Norway
Applies
Applies (*)
Applies
(X)
Applies
Designated
Oman
Applies
Applies
Applies (*)
(9th November 2000)
Deemed
Pakistan
Applies
Applies (*)
Applies (*)(Y)
Deemed (*)
Panama
Applies
Applies (*)
Applies (2nd September 1983)
Designated
Papua New Guinea
Applies
Applies
Applies (*)
(9th June 1996)
Deemed (*)
Paraguay
Applies
Applies (*)
Applies
(26th February 1970)
Designated
Peru
Applies
Applies (*)
Applies
(7th August 1985)
Designated
Philippines
Applies
Applies (*)
Applies
(25th September 1984)
Designated
Poland
Applies
Applies (*)
Applies (X)
Applies
Portugal
Applies
Applies (*)
Applies (X)
Applies
Qatar
Applies
Applies
Applies (*)
(13th January 1996)
Deemed
Romania
Applies
Applies (*)
Applies (X)
Applies
Russian Federation
Applies
Applies (*)
Applies
(26th May 2003)
Designated
Rwanda
Applies
Applies
Applies (*)
(22nd May 1996)
Deemed (*)
Saint Kitts and Nevis
Applies
Applies
Applies (*)
(21st February 1996)
Deemed (*)
Saint Lucia
Applies
Applies (*)
Applies (Y)
Designated
Saint Vincent and the Grenadines
Applies
Applies
Applies (*)(Y)
Deemed (*)
Samoa
Applies
Applies
Saudi Arabia
Applies
Applies
Senegal
Applies
Applies (#)
Applies (*)(Y)
Deemed
Serbia
Applies
Applies (*)
Applies
(10th June 2003)
Designated
Sierra Leone
Applies
Applies
Applies (*)(Y)
Deemed (*)
Singapore
Applies
Applies (#)
Applies (X)
Applies
Deemed
Slovak Republic
Applies
Applies (*)
Applies (X)
Applies
Slovenia
Applies
Applies (*)
Applies (X)
Applies
Solomon Islands
Applies
Applies
Applies (*)
(26th July 1996)
Deemed (*)
South Africa
Applies
Applies
Applies (*)(Y)
Deemed (*)
Spain
Applies
Applies (*)
Applies (X)
Applies
Sri Lanka
Applies
Applies
Applies (*)(Y)
Deemed (*)
Sudan
Applies
Applies
Suriname
Applies
Applies
Applies (*)(Y)
Deemed (*)
Swaziland
Applies
Applies
Applies (*)(Y)
Deemed (*)
Sweden
Applies
Applies (*)
Applies (X)
Applies
Switzerland
Applies
Applies (*)
Applies (X)
Applies
Designated
Syrian Arab Republic
Applies
Applies (*)
Applies (13th May 2006)
Designated
Taiwan
Applies
Applies (*)
Applies (*)
(1st January 2002)
Deemed (*)
Tajikistan
Applies
Applies
Tanzania, United Republic of
Applies
Applies
Applies (*)(Y)
Deemed (*)
Thailand
Applies
Applies (*)
Applies (*)(Y)
Deemed (*)
Togo
Applies
Applies (*)
Applies (Y)
Designated
Tonga
Applies
Applies
Trinidad and Tobago
Applies
Applies
Applies (*)(Y)
Deemed (*)
Tunisia
Applies
Applies
Applies (*)(Y)
Deemed (*)
Turkey
Applies
Applies (*)
Applies (Y)
Designated
Uganda
Applies
Applies
Applies (*)(Y)
Deemed (*)
Ukraine
Applies
Applies (*)
Applies
(12th June 2002)
Designated
United Arab Emirates
Applies
Applies (*)
Applies
(10th April 1996)
Designated
United States of America (including Puerto Rico and all territories and possessions)
Applies
Applies (#)
Applies (*)(Y)
Deemed
Uruguay
Applies
Applies (*)
Applies
(4th July 1977)
Designated
Uzbekistan
Applies
Applies
Venezuela
Applies
Applies (*)
Applies (Y)
Designated
Viet Nam
Applies
Applies
Zambia
Applies
Applies
Applies (*)(Y)
Deemed (*)
Zimbabwe
Applies
Applies
Applies (*)(Y)
Deemed (*)

## Explanatory note

(This note is not part of the Order)
Part 1 of the Copyright, Designs and Patents Act 1988 (“the Act”) confers copyright on the creators of certain works. Part 2 of the Act confers rights on performers and persons having recording rights in relation to a performance. The purpose of this Order is to apply Part 1 of the Act to works originating from other countries and to confer on certain countries reciprocal protection under Part 2 of the Act. In this Order the term “country” includes territories, by reason of sections 178 and 211 of the Act.
By reason of section 153(3) of the Act this Order will not affect works in which copyright already subsists. Further, by reason of paragraph 35 of Schedule 1 to the Act, any work in which copyright subsisted under the Copyright Act 1956 (c.74) is deemed to satisfy the requirements of qualification for copyright protection.
Article 2 qualifies literary, dramatic, musical and artistic works, films and typographical arrangements of published editions for copyright protection where they are connected to the countries indicated in the second column of the Schedule. All of those countries are parties to the Berne Copyright Convention (Cm. 1212), to the Universal Copyright Convention (Cmnd. 5844) or to the Agreement establishing the World Trade Organisation (including the Agreement on Trade-Related Aspects of Intellectual Property Rights (Cm. 3044-6, 3080, 3263-4, 3268-9, 3271, 3275-7 and 3282)) or are member States of the European Community or the European Free Trade Agreement; or otherwise give adequate protection under their laws.
Article 3 qualifies sound recordings for copyright protection where they are connected to the countries indicated in the third column of the Schedule. The protection extends to lending, playing in public or broadcasting if the country of origin is marked by an asterisk. All such countries are parties to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Cmnd. 2425) (“the Rome Convention”) or are member States of the European Community or the European Free Trade Agreement; or otherwise give adequate protection under their laws.
Different protection is given to those countries marked by a hash. All such countries are parties to the World Intellectual Property Organisation (WIPO) Performances and Phonograms Treaty (Cmnd. 3736) (“the WPPT”), but not parties to the Rome Convention. The United Kingdom has not ratified the WPPT, but it has agreed to ratify it along with the European Community and with the other member States in accordance with Council Decision 2000/278/EC (O.J. No L 89, 11.4.2000, p.6). Protection is therefore accorded to contracting parties in anticipation of ratification on the basis that upon ratification those countries will provide protection under their laws.
Article 4 qualifies wireless broadcasts for copyright protection where they are connected to the countries indicated in the fourth column of the Schedule. These countries are parties to the Rome Convention or are member States of the European Community or the European Free Trade Agreement; or otherwise give adequate protection under their laws.
Those countries marked by an asterisk, which receive more limited protection, are parties to the Agreement establishing the World Trade Organisation (including the Agreement on Trade-Related Aspects of Intellectual Property Rights), but not to the Rome Convention. Protection does not extend to wireless broadcasts made before the specified dates. By reason of paragraph 9(a) of Schedule 1 to the Act, protection never extends to such broadcasts made before 1st June 1957.
Article 5 qualifies broadcasts (other than wireless broadcasts) for copyright protection where they are connected to the countries indicated in the fifth column of the Schedule. These countries are member States of the European Community or the European Free Trade Agreement or otherwise give adequate protection under their laws. By reason of paragraph 9(b) of Schedule 1 to the Act, protection does not extend to such broadcasts made before 1st January 1985.
Article 6 qualifies certain performances and persons having recording protection under Part 2 where they are connected to the countries indicated in the sixth column of the Schedule.
Paragraph (1) grants reciprocal protection to certain countries in respect of their performers and persons having recording rights. These countries are parties to the Rome Convention.
Paragraph (2) applies where it is not possible to grant reciprocal protection, but the United Kingdom is obliged to grant limited protection to performers, by reason of both it and the European Community being party to the Agreement establishing the World Trade Organisation (including the Agreement on Trade-Related Aspects of Intellectual Property Rights). All such countries are marked with an asterisk.
This article also grants reciprocal protection to certain countries (those not marked with an asterisk) for the making available of a performance, by reason of the United Kingdom’s and the European Community’s undertaking to become a party to the WPPT.
Article 7 is a savings provision.
This Order uses powers given by the Act and by the European Communities Act 1972 to implement various Community obligations of the United Kingdom. The powers under the Act are also used to implement certain other international obligations.
This Order replaces the Copyright and Performances (Application to Other Countries) Order 2006 (SI 2006/316) (“the 2006 Order”) which is revoked by article 1(3). This Order provides a consolidated list of the protection afforded to other countries. The only substantive changes from the 2006 Order are that certain works originating from Samoa are protected for the first time following its accession to the Berne Convention; the protection of sound recordings, broadcasts and performances originating from the Syrian Arab Republic has been modified following its accession to the Rome Convention; and the protection afforded to sound recordings and performances originating from Benin has been modified following its accession to the WPPT. The entries for Bulgaria and Romania have been revised as a result of their accession to the European Union.
In addition, now that the Act no longer extends to Gibraltar (see the Copyright (Gibraltar) Revocation Order 2006 (SI 2006/1039)), Part 1 has now been applied to Gibraltar. Following Montenegro’s Declaration of Independence from Serbia adopted by the National Assembly of Montenegro on 3rd June 2006, Serbia and Montenegro are dealt with separately in this Order.

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Source: https://www.legislation.gov.uk/uksi/2007/273 (the official version)
Page: https://openlegislation.uk/copyright-and-performances-application-to-other-countries-order-2007
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

