- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
There are currently no known outstanding effects for the The Copyright and Performances (Application to Other Countries) Order 2016.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
1.—(1) This Order may be cited as the Copyright and Performances (Application to Other Countries) Order 2016 and comes into force on 6th April 2017.
(2) In this Order—
“the Act” means the Copyright, Designs and Patents Act 1988 and references to a numbered section are references to the section bearing that number in that Act;
“relevant country” means a country other than the United Kingdom, [F1an EEA state], the Channel Islands, the Isle of Man or Gibraltar;
“WPPT” means the World Intellectual Property Organisation Performances and Phonograms Treaty adopted in Geneva on 20th December 1996 M1; and
“WTO” means the World Trade Organisation.
(3) The Copyright and Performances (Application to Other Countries) Order 2013 M2 and the Copyright and Performances (Application to Other Countries) (Amendment) Order 2015 M3 are revoked.
Textual Amendments
F1Words in reg. 1(2) substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 33 (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M1Cm. 3728.
2.—(1) The application of Part 1 of the Act by virtue of section 159(1) (countries that are parties to the Berne Convention or WTO members) is subject to the restriction specified in paragraph (2).
[F2(2) Paragraph 5(1) of Schedule 1 to the Act (copyright: transitional provisions and savings) does not apply in relation to a literary, dramatic, musical or artistic work first published before 1st June 1957 in so far as its application would otherwise prevent the work from qualifying for copyright protection under section 154 (qualification by reference to author).]
Textual Amendments
F2Art. 2(2) substituted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 (S.I. 2024/193), arts. 1(2), 3
3.—(1) The application of Part 1 of the Act by virtue of section 159(3) (countries that are parties to the WPPT [F3: sound recordings]) is subject to the [F4restriction] set out in paragraph (2).
(2) Where a country is a party to the WPPT but not the Rome ConventionM4, Part 1 of the Act applies except that—
(a)section 18A (infringement by rental or lending of work to the public)M5 does not apply in so far as it relates to lending;
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Words in art. 3(1) inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 (S.I. 2024/193), arts. 1(2), 4(a)(i)
F4Word in art. 3(1) substituted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 (S.I. 2024/193), arts. 1(2), 4(a)(ii)
F5Art. 3(2)(b) omitted (coming into force in accordance with art. 1(2) of the amending S.I.) by virtue of The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 (S.I. 2024/193), arts. 1(2), 4(b)
F6Art. 3(2)(c) omitted (coming into force in accordance with art. 1(2) of the amending S.I.) by virtue of The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 (S.I. 2024/193), arts. 1(2), 4(b)
Marginal Citations
M4Cm.2425; “Rome Convention” is defined in section 159(9) of the Copyright, Designs and Patents Act 1988.
M5Section 18A was inserted by regulation 10(2) of the Copyright and Related Rights Regulations 1996 (S.I. 1996/2967) and subsequently amended by paragraph 6(2) of Schedule 1 to the Copyright and Related Rights Regulations 2003 (S.I. 2003/2498).
4.—(1) This article applies to a relevant country that—
(a)is not a party to the Rome Convention or the WPPT; and
(b)satisfies either or both of the following criteria—
(i)the country is a party to the Berne Convention M6; and
(ii)the country is a member of the WTO.
(2) Where this article applies to a country, Part 1 of the Act so far as it relates to sound recordings—
(a)applies in relation to a person who is a citizen or subject of that country or a person domiciled or resident there as it applies in relation to a person who is a British citizen or is domiciled or resident in the United Kingdom,
(b)applies in relation to a body incorporated under the law of that country as it applies in relation to a body incorporated under the law of a part of the United Kingdom, and
(c)applies in relation to a sound recording first published in that country as it applies in relation to a sound recording first published the United Kingdom,
(but see paragraph (3)).
(3) The application of Part 1 of the Act by virtue of paragraph (2) is subject to the following modifications—
(a)section 18A (infringement by rental or lending of work to the public) does not apply in so far as it relates to lending;
(b)the following provisions do not apply—
(i)section 19 (infringement by showing or playing of work in public) M7;
(ii)section 20 (infringement by communication to the public);
(iii)section 26 (secondary infringement: provision of apparatus for infringing performance, &c); and
(iv)section 107(2A) and (3) (criminal liability for communicating to the public or playing sound recording) M8.
Marginal Citations
M6Cm. 1212; “Berne Convention” is defined in section 159(9) of the Copyright, Designs and Patents Act 1988.
M7Section 19 was amended by paragraph 3(1) of Schedule 1 to the Copyright and Related Rights Regulations 2003.
M8Section 107(2A) was inserted by regulations 3 and 26(1)(a) of the Copyright and Related Rights Regulations 2003 and section 107(3) was amended by paragraph 9(2) of Schedule 1 to those Regulations.
5.—(1) This article applies to the countries listed in Part 1 of the Schedule to this Order.
(2) Where this article applies to a country, Part 1 of the Act so far as it relates to sound recordings—
(a)applies in relation to a person who is a citizen or subject of that country or a person domiciled or resident there as it applies in relation to a person who is a British citizen or is domiciled or resident in the United Kingdom;
(b)applies in relation to a body incorporated under the law of that country as it applies in relation to a body incorporated under the law of a part of the United Kingdom; and
(c)applies in relation to a sound recording first published in that country as it applies in relation to a sound recording first published in the United Kingdom.
6.—(1) The application of Part 1 of the Act to broadcasts by virtue of section 159(2) is subject to the [F7restriction specified in paragraph (3)].
F8(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Part 1 of the Act only applies by virtue of section 159(2) to a broadcast, which is not a wireless broadcast, where that broadcast is made from Switzerland.
Textual Amendments
F7Words in art. 6(1) substituted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 (S.I. 2024/193), art. 1(2), 5(1)(a)
F8Art. 6(2) omitted (coming into force in accordance with art. 1(2) of the amending S.I.) by virtue of The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 (S.I. 2024/193), arts. 1(2), 5(1)(b)
7.—(1) This article applies to a relevant country that is a member of the WTO but not a party to the Rome Convention.
(2) Where this article applies to a relevant country, Part 1 of the Act applies to a wireless broadcast in relation to that country in the manner set out in paragraph (4) subject to paragraph (3).
(3) The application of Part 1 of the Act by virtue of paragraph (2) is subject to the following modifications—
(a)section 18A (infringement by rental of work to the public) does not apply;
(b)section 19 (infringement by showing or playing the work in public) only applies in relation to television broadcasts;
(c)section 20 (infringement by communication to the public) only applies in relation to broadcasting by wireless telegraphy;
(d)section 26 (secondary infringement: provision of apparatus for infringing performance, &c) [F9only applies in relation] to television broadcasts;
(e)section 107(2A) (criminal liability for communicating to the public) only applies in relation to broadcasting by wireless telegraphy; F10...
F10(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Part 1 of the Act applies in relation to—
(a)a person who is a citizen or subject of a relevant country or a person domiciled or resident there as it applies in relation to a person who is a British citizen or is domiciled or resident in the United Kingdom;
(b)a body incorporated under the law of a relevant country as it applies in relation to a body incorporated under the law of a part of the United Kingdom; and
(c)a wireless broadcast made from that country as it applies in relation to a wireless broadcast made from the United Kingdom.
Textual Amendments
F9Words in art. 7(3)(d) substituted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 (S.I. 2024/193), arts. 1(2), 5(2)(a)
F10Art. 7(3)(f) and word omitted (coming into force in accordance with art. 1(2) of the amending S.I.) by virtue of The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 (S.I. 2024/193), arts. 1(2), 5(2)(b)
8.—[F11(1) This paragraph applies to a member State, Indonesia, Singapore, South Korea, Ukraine, Norway, Iceland, Liechtenstein, Australia and New Zealand.]
[F12(2) This paragraph applies to [F13Malta], Hong Kong, Indonesia, Malawi, Malaysia, Singapore and New Zealand.]
(3) Where paragraph (1) applies to a country, Part 1 of the Act applies to a broadcast which is not a wireless broadcast in relation to that country in the manner set out in paragraph (5)(a), (b) and (d).
(4) Where paragraph (2) applies to a country, Part 1 of the Act applies to a wireless broadcast in relation to that country in the manner set out in paragraph (5)(a), (b) and (c) subject to paragraph (6).
(5) Part 1 of the Act applies in relation to—
(a)a person who is a citizen or subject of that country or a person domiciled or resident there as it applies in relation to a person who is a British citizen or is domiciled or resident in the United Kingdom;
(b)a body incorporated under the law of that country as it applies in relation to a body incorporated under the law of a part of the United Kingdom;
(c)a wireless broadcast made from that country as it applies in relation to a wireless broadcast made from the United Kingdom; and
(d)a broadcast which is not a wireless broadcast made from that country as it applies in relation to a broadcast which is not a wireless broadcast made from the United Kingdom.
(6) Part 1 of the Act only applies to a wireless broadcast made on or after 1st June 1957 or, in the case of Malawi, on or after 22nd June 1989.
Textual Amendments
F11Art. 8(1) substituted (15.4.2023) by The Copyright and Performances (Application to Other Countries) (Amendment) Order 2023 (S.I. 2023/296), arts. 1, 2(2)(a)
F12Art. 8(2) substituted (15.4.2023) by The Copyright and Performances (Application to Other Countries) (Amendment) Order 2023 (S.I. 2023/296), arts. 1, 2(2)(b)
F13Word in art. 8(2) substituted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 (S.I. 2024/193), arts. 1(2), 5(3)
9.—(1) This article applies to a country [F14, other than Australia, Japan and Viet Nam,] which is a party to the Rome ConventionM9 and has made a declaration under Article 16(1)(a) of the Rome Convention that it will not apply the provisions of Article 12 (which provides for the payment of a single equitable remuneration).
(2) Where this article applies, to the extent that the declaration referred to in paragraph (1) is in force in the law of the country in relation to British performancesM10, the provisions of Part 2 of the Act shall not apply to grant the protection provided for under Article 12 of the Rome Convention unless the recording has been first published in a country which—
(a)is a party to the Rome Convention; and
(b)has not made a declaration of the kind referred to in paragraph (1).
Textual Amendments
F14Words in art. 9(1) inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 (S.I. 2024/193), arts. 1(2), 6(1)
Marginal Citations
M9Cm. 2425; “Rome Convention” is defined in section 206(6) of the Copyright, Designs and Patents Act 1988.
M10“British performance” is defined in section 208(3) of the Copyright, Designs and Patents Act 1988.
F1510. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F15Art. 10 omitted (coming into force in accordance with art. 1(2) of the amending S.I.) by virtue of The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 (S.I. 2024/193), arts. 1(2), 6(2)
11.—(1) This article applies to the countries listed in Part 2 of the Schedule where this article is specified in the entry relating to that country (countries party to the WPPT but not the Rome Convention).
(2) A country to which this article applies is, subject to paragraphs (3) and (4), designated as enjoying reciprocal protection under Part 2 of the Act.
(3) Part 2 of the Act applies subject to the following modifications—
(a)the definition of recording in section 180(2) (rights conferred on performers and persons having recording rights), shall be construed as applying only to sound recordings (and not to films);
(b)the following provisions do not apply—
(i)section 182C (consent required for rental or lending of copies to public), in so far as it relates to lending;
F16(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)sections 185 to 188 (rights of persons having recording rights); and
(iv)section 198(2) (criminal liability for making available to the public) [F17, in so far as it relates to an infringement under section 187].
(4) Where a country to which this article applies [F18, other than New Zealand and Singapore,] has made a declaration under Article 15(3) of the WPPT that—
(a)it will apply the provisions of Article 15(1) of the WPPT (which confers on performers and producers of phonograms a right to remuneration for broadcasting and communication to the public) only in respect of certain uses,
(b)it will limit the application of the provisions of Article 15(1) of the WPPT in some other way, or
(c)it will not apply the provisions of Article 15(1) of the WPPT at all,
the provisions of Part 2 of the Act shall not apply to protect the right provided for in Article 15(1) of the WPPT to the extent that the declaration is in force in the law of that country in relation to British performances.
Textual Amendments
F16Art. 11(3)(b)(ii) omitted (coming into force in accordance with art. 1(2) of the amending S.I.) by virtue of The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 (S.I. 2024/193), arts. 1(2), 6(3)(a)(i)
F17Words in art. 11(3)(b)(iv) inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 (S.I. 2024/193), arts. 1(2), 6(3)(a)(ii)
F18Words in art. 11(4) inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 (S.I. 2024/193), arts. 1(2), 6(3)(b)
12.—(1) This article applies to a country listed in Part 2 of the Schedule to this Order where this article is specified in the entry relating to that country (WTO members not party to the Rome Convention or the WPPT).
(2) A country to which this article applies is, subject to paragraph (3), designated as enjoying reciprocal protection under Part 2 of the Act.
(3) Part 2 of the Act applies subject to the following modifications—
(a)the definition of recording in section 180(2) (rights conferred on performers and persons having recording rights), shall be construed as applying only to sound recordings (and not to films); and
(b)the following provisions do not apply—
(i)section 182C (consent required for rental or lending of copies to public), in so far as it relates to lending;
(ii)section 182CA (consent required for making available to the public) M11;
(iii)section 182D (right to equitable remuneration for exploitation of sound recording) M12;
(iv)section 183 (infringement of performer's rights by use of recording made without consent);
(v)sections 185 to 188 (rights of persons having recording rights); and
(vi)section 198(1A) and (2) (criminal liability for making available to the public) M13.
Marginal Citations
M11Section 182CA was inserted by regulation 7(1) of the Copyright and Related Rights Regulations 2003 (S.I. 2003/2498).
M12Section 182D was inserted by regulation 20(2) of the Copyright and Related Rights Regulations 1996 (S.I. 1996/2967) and was amended by regulation 7(2) of the Copyright and Related Rights Regulations 2003, by paragraphs 1 and 3(1) and (3) of the Schedule to the Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18) and by regulation 7 of the Copyright and Duration of Rights in Performances Regulation 2013 (S.I. 2013/1782).
M13Section 198(1A) was inserted by regulations 3 and 26(3)(a) of the Copyright and Related Rights Regulations 2003.
12A. Malta is designated as enjoying reciprocal protection under Part 2 of the Act.]
Textual Amendments
13.—(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)A—
(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 as a consequence of the provisions of this Order on or after its coming into force, 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, as the case may be, B's exclusive licensee in respect of the relevant rights pays reasonable compensation to A, paragraph (2) no longer applies.
(4) Where—
(a)B or, as the case may be, B's exclusive licensee offers to pay compensation to A under paragraph (3), but
(b)A and B or, as the case may be, B's exclusive licensee cannot agree on what compensation is reasonable,
either person may refer the matter to arbitration.
(5) In this article—
(a)“exclusive licensee” means a licensee under an exclusive licence (as defined in section 92(1) or 191D(1) M14); and
(b)“relevant rights” means copyright, the rights conferred by Chapter 4 of Part 1 of the Act (moral rights) and the rights conferred by Part 2 of the Act.
Marginal Citations
M14Section 191D was inserted by regulations 4 and 21(1) of the Copyright and Related Rights Regulations 1996 (S.I. 1996/2967).
Ceri King
Deputy Clerk of the Privy Council
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