Copyright (International Conventions) Order, 1957

JurisdictionUK Non-devolved
CitationSI 1957/1523

1957 No. 1523

The Copyright (International Conventions) Order, 1957

23rdAugust 1957

29thAugust 1957

27thSeptember 1957

At the Court at Balmoral, the 23rd day of August, 1957

Present,

The Queen's Most Excellent Majesty in Council

Whereas it is provided by section 32 of the Copyright Act, 1956(a), that Her Majesty may by Order in Council apply any provisions of that Act in the case of any country to which those provisions do not extend:

And whereas it is further provided by the said section 32 that the power of applying any of those provisions shall not be exercised in the case of a country, other than a country which is a party to a Convention relating to copyright to which the United Kingdom is also a party, unless Her Majesty is satisfied that, in respect of the class of works or other subject-matter to which those provisions relate, provision has been or will be made under the laws of that country whereby adequate protection will be given to owners of copyright under that Act:

And whereas the countries mentioned in Part I of the First Schedule hereto are members of the Berne Copyright Union as parties to the Conventions relating to copyright therein respectively specified:

And whereas the countries mentioned in Part II of the said First Schedule are parties to a Convention relating to copyright concluded at Geneva on the sixth day of September, one thousand nine hundred and fifty-two (hereinafter referred to as "the Universal Copyright Convention"):

(a) 4 & 5 Eliz. 2. c. 74.

And whereas the United Kingdom is a party to each of the said Conventions except the Convention concluded at Brussels on the twenty-sixth day of June, one thousand nine hundred and forty-eight (hereinafter referred to as "the Brussels Convention"):

And whereas it is intended that the United Kingdom shall, as soon as may be, accede to the Brussels Convention:

And whereas all the countries which are parties to the Brussels Convention except Turkey are bound to the United Kingdom as parties either to the Rome Convention mentioned in the First Schedule hereto or to the Universal Copyright Convention:

And whereas Her Majesty is satisfied in the case of Turkey (which is a party to the Brussels Convention but not to any of the said Conventions to which the United Kingdom is at present a party) that, in respect of the class of works and other subject-matter to which the provisions applied by this Order relate, provision has been made under the laws of Turkey whereby adequate protection will be given to the owners of copyright under the Copyright Act, 1956, when the United Kingdom accedes to the Brussels Convention:

And whereas none of the provisions of the Copyright Act, 1956, extend to any of the countries mentioned in the First Schedule hereto:

And whereas, notwithstanding the repeal of the Copyright Act, 1911(a), its provisions continue by virtue of paragraph 40 of the Seventh Schedule to the Copyright Act, 1956, to have effect in respect of the countries to which those provisions have been applied by certain Orders in Council made under sections 26 and 29 of the said Copyright Act, 1911, which Orders in Council include those mentioned in the Fifth Schedule hereto:

And whereas by virtue of paragraph 40 of the said Seventh Schedule the power to revoke the said Orders in Council conferred by section 32 of the Copyright Act, 1911, is to be treated as continuing in force:

Now, therefore, Her Majesty, by and with the advice of Her Privy Council, and by virtue of the authority conferred upon Her by Section 32 of the Copyright Act, 1956, and by section 32 of the Copyright Act, 1911, and of all other powers enabling Her in that behalf, is pleased to order, and it is hereby ordered, as follows:—

1. Subject to the following provisions of this Order, the provisions of the Copyright Act, 1956 (hereinafter referred to as "the Act"), specified in the Second Schedule hereto, being the provisions relating to literary, dramatic, musical and artistic works, sound recordings, cinematograph films and published editions of literary, dramatic or musical works, shall apply in the case of each of the countries mentioned in the First Schedule hereto as follows:—

(a) in relation to literary, dramatic, musical or artistic works, sound recordings, cinematograph films or published editions first published in that country, as they apply in relation to such works, recordings, films or editions first published in the United Kingdom;

(b) in relation to persons who, at a material time (as hereinafter defined), are citizens or subjects of, or domiciled or resident in, that country, as they apply in relation to persons who, at such a time, are British subjects or domiciled or resident in the United Kingdom;

(c) in relation to bodies incorporated under the laws of that country, as they apply in relation to bodies incorporated under the laws of any part of the United Kingdom:

(a) 1 & 2 Geo. 5. c. 46.

Provided that

(i) copyright shall not subsist by virtue of this Order in any work or other subject-matter by reason only of its publication before the commencement of this Order in a country which is a party to the Universal Copyright Convention but which is not a country of the Berne Copyright Union;

(ii) the term of copyright in a work or other subject-matter which enjoys protection in the nature of copyright in its country of origin shall not exceed the term of protection enjoyed in the country of origin without registration, deposit or the performance of any other formalities (or, if the laws of that country require the performance of any formalities as a condition of protection, without compliance with any formalities other than those specified in paragraph 1 of Article III of the Universal Copyright Convention, which is set out in the Third Schedule hereto) in respect of a British work or subject-matter (as hereinafter defined) of the class in question;

(iii) in the case of any country other than Australia, Canada, Denmark, the Federal Republic of Germany, India, Israel, New Zealand, Norway, Pakistan, South Africa...

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