The Copyright (Application to Other Countries) (Amendment) Order 1994

Statutory Instruments

1994 No. 263

COPYRIGHT

The Copyright (Application to Other Countries) (Amendment) Order 1994

Made

8th February 1994

Laid before Parliament

18th February 1994

Coming into force

11th March 1994

At the Court at Buckingham Palace, the 8th day of February 1994

Present,

The Queen’s Most Excellent Majesty in Council

Whereas Her Majesty is satisfied that, in respect of literary, dramatic, musical and artistic works, films and typographical arrangements of published editions, broadcasts and cable programmes, provision has been or will be made under the law of Indonesia, giving adequate protection to the owners of copyright under Part I of the Copyright, Designs and Patents Act 1988(1):

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) (Amendment) Order 1994 and shall come into force on 11th March 1994.

2.  The Copyright (Application to Other Countries) Order 1993(2) shall be amended as follows:

(a) in article 3, omit paragraph (b) and the “and” immediately preceding it;

(b) in paragraph (6) of article 4, for the words “In respect of Singapore” substitute “In respect of Indonesia and Singapore”;

(c) in Schedule 1 thereto (which names countries enjoying full protection in respect of all works except broadcasts and cable programmes) —

(i) by the insertion therein in proper alphabetical order of the following:

• Albania,

• Bosnia Herzegovina,

• Czech Republic,

• Indonesia,

• Jamaica,

• Kazakhstan (25th December 1991),

• Macedonia,

• Namibia,

• Russian Federation (25th December 1991),

• Saint Lucia,

• Slovak Republic,

• Tajikistan (25th December 1991);

(ii) by the omission therefrom of Czechoslovakia; and

(iii) by the omission therefrom in each case of the date after Bolivia and El Salvador;

(d) in Schedule 2 thereto (which names the countries enjoying full protection for sound recordings)

(i) by the insertion therein in proper alphabetical order of the following:

• Bolivia,

• Czech Republic,

• Netherlands,

• Nigeria,

• Slovak Republic,

• Switzerland;

and

(ii) by the omission therefrom of Czechoslovakia;

(e) in Schedule 3 (which names the countries enjoying protection in respect of broadcasts)—

(i) by the insertion therein in the proper alphabetical order of the following:

• Bolivia (24th November 1993),

• Czech Republic (1st January 1993),

• Indonesia (1st June 1957),

• Netherlands (7th October 1993),

• Nigeria (29th October 1993),

• Slovak Republic (1st January 1993),

• Switzerland (24th September 1993);

and

(ii) by the omission therefrom of Czechoslovakia;

(f) in Schedule 4, by substituting, for paragraph 1, the following:

“1.   In respect of Indonesia—

(a) subparagraph (c) of article 2(1) shall not apply except as applied by article 3(a) in relation to sound recordings, and

(b) in the application of article 4(3) above in relation to cable programmes by virtue of article 4(6), the relevant date is 1st January 1985.”.

N. H. Nicholls

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order amends the Copyright (Application to Other Countries) Order 1993 (S. I. 1993/942) to take account:

(a) that provision has been or will be made in respect of literary, dramatic, musical and artistic works, films and typographical arrangements of published editions and broadcasts and cable programmes under the laws of Indonesia (but excluding those works which qualify only by virtue of first publication there), giving adequate protection to owners of copyright in such works under Part I of the Copyright, Designs and Patents Act 1988;

(b) of the accession of —

(i) Albania, Bosnia Herzegovina, Bolivia, the Czech Republic, Jamaica, Macedonia, Namibia, Saint Lucia and the Slovak Republic to the Berne Copyright Convention (Cmnd. 5002); and

(ii) Kazakhstan, the Russian Federation and Tajikistan to the Universal Copyright Convention (Cmnd. 4905); and

(iii) Bolivia, the Czech Republic, the Netherlands, Nigeria, the Slovak Republic and Switzerland to the Rome Convention for the protection of Performers, Producers of Phonograms and Broadcasting Organisations (Cmnd. 2425); and

(c) of the separation of Czechoslovakia into the Czech and Slovak Republics.

(1)

1988 c. 48.

(2)

S.I. 1993/942.