Copyright (Application to Other Countries) Order 1993

JurisdictionUK Non-devolved
CitationSI 1993/942

1993No. 942

COPYRIGHT

The Copyright (Application to Other Countries) Order 1993

31stMarch1993

13thApril1993

4thMay1993

At the Court at Buckingham Palace, the 31st day of March 1993

Present,

The Queen's Most Excellent Majesty in Council

Whereas Her Majesty is satisfied that provision has been or will be made-

(a) in respect of literary, dramatic, musical and artistic works, films and typographical arrangements of published editions, under the law of Uganda,(b) in respect of sound recordings, under the laws of Bangladesh, Ghana, Malawi and Thailand,(c) in respect of broadcasts, under the law of Malawi,

giving adequate protection to the owners of copyright under Part I of the Copyright, Designs and Patents Act 1988 ( a): Now, therefore, Her Majesty, by and with the advice of Her Privy Council, and by virtue of the authority conferred upon Her by section 159 of the said Act, is pleased to order, and it is hereby ordered as follows:-

1.-

(1) This Order may be cited as the Copyright (Application to Other Countries) Order 1993 and shall come into force on 4th May 1993.

(2) In this Order-

"the Act " means the Copyright, Designs and Patents Act 1988, and

"first published " shall be construed in accordance with section 155(3) of the Act.

2.-

(1) In relation to literary, dramatic, musical and artistic works, films and the typographical arrangements of published editions, sections 153, 154 and 155 of the Act (qualification for copyright protection) apply in relation to-

(a) persons who are citizens or subjects of a country specified in Schedule I to this Order or are domiciled or resident there as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom;

(a) 1988 c.48.

(b) bodies incorporated under the law of such a country as they apply in relation to bodies incorporated under the law of a part of the United Kingdom; and(c) works first published in such a country as they apply in relation to works first published in the United Kingdom;

but subject to paragraph (2) and article 5 below.

(2) Copyright does not subsist-

(a) in a literary, dramatic, musical or artistic work by virtue of section 154 of the Act as applied by paragraph (I) above (qualification by reference to author) if it was first published-(i) before 1st June 1957 (commencement of Copyright Act 1956(ii) before 1st August 1989 (commencement of Part I of the Act) and at the material time (as defined in section 154(4) ( a) of the Act) the author was not a relevant person; or (b) in any work by virtue of paragraph (1) above if-(i) a date is, or dates are, specified in Schedule 1 to this Order in respect of the only country or countries relevant to the work for the purposes of paragraph (1) above, and(ii) the work was first published before that date or (as the case may be) the earliest of those dates;

and for the purposes of sub-paragraph (a)(ii) of this paragraph, a "relevant person " is a Commonwealth citizen, a British protected person, a citizen or subject of any country specified in Schedule 1 to this Order, or a person resident or domiciled in the United Kingdom, another country to which the relevant provisions of Part I of the Act extend or (subject to article 5 below) a country specified in Schedule I to this Order.

(3) Where copyright subsists in a work by virtue of paragraph (I) above, the whole of Part I of the Act (including Schedule 1 to the Act) applies in relation to the work, save that in relation to an artistic work consisting of the design of a typeface-

(a) section 54(2) (articles for producing material in particular typeface) does not apply,(b) section 55 (making such articles not an infringement) applies as if the words in subsection (2) from the beginning to "marketed " were omitted, and(c) paragraph 14(5) of Schedule 1 (transitional provision) does not apply, and subject also to articles 5 and 7 below.

3. In relation to sound recordings, article 2 above shall apply as it applies in relation to films, subject to the following modifications-

(a) sections 19, 20, 26 and 107(3) of the Act (infringement by playing in public, broadcasting or inclusion in a cable programme service and related provisions) apply only if-(i) at least one of the countries relevant to the work for the purposes of article 2(1) above is specified in Schedule 2 to this...

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