The Copyright and Performances (Application to Other Countries) Order 2008
| Year | 2008 |
2008 No. 677
Copyright
Rights In Performances
The Copyright and Performances (Application to Other Countries) Order 2008
Made 12th March 2008
Laid before Parliament 13th March 2008
Coming into force 6th April 2008
At the Court at Buckingham Palace, the 12th day of March 2008
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty is 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 Algeria, Georgia and Vietnam, to the owners of the copyright in British sound recordings under the laws of China, to the owners of the copyright in British wireless broadcasts under the laws of Tonga and to performances and persons having recording rights in relation to performances under the laws of Algeria, Vietnam, Georgia, China and Tonga.
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 19881and by section 2(2) of the European Communities Act 19722, makes the following Order:
Introductory
1.—(1) This Order may be cited as the Copyright and Performances (Application to Other Countries) Order 2008 and shall come into force on 6th April 2008.
(2) In this Order “the Act” means the Copyright, Designs and Patents Act 1988.
(3) The Copyright and Performances (Application to Other Countries) Order 2007 is revoked3.
Literary, dramatic, musical and artistic works, films and the typographical arrangement of published editions
2.—(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)
(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)
(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)
(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).
Sound recordings
3.—(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)
(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)
(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)
(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)
(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)4insofar as it applies to lending;
(ii) section 19 (infringement by playing of work in public)5;
(iii) section 20 (infringement by communication to the public)6;
(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)7;
(b)
(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.
Wireless broadcasts
4.—(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)
(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)
(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)
(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)
(a) section 18A (infringement by rental or lending of work to the public);
(b)
(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)
(c) section 20 (infringement by communication to the public), except in relation to broadcasting by wireless telegraphy;
(d)
(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)
(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)
(a) where its entry in the fourth column of the table set out in the Schedule includes an “(X)”, is 1st June 1957;
(b)
(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)
(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)8any wireless broadcast which does not qualify for copyright protection shall be disregarded.
Other broadcasts
5. 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.
Performances
6.—(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)
(a) in that Part the term “recording” shall be construed as applying only to sound recordings (and not to films);
(b)
(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 lending9;
(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)
(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)10;
(ii) section 198(1A) (criminal liability for making available to the public).
Savings
7.—(1) For the purposes of this article an act is an “excluded act” where—
(a)
(a) a person (A) has incurred any expenditure or liability in connection with the act; and
(b)
(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...
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