The Copyright and Performances (Application to Other Countries) Order 2016

Application of Part 1 of the Act under section 159(4) – WTO members U.K.

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) [F1 only 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; F2 ...

F2 (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

F1 Words in art. 7(3)(d) substituted (15.12.2024) by The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 (S.I. 2024/193), arts. 1(2), 5(2)(a)

F2 Art. 7(3)(f) and word omitted (15.12.2024) by virtue of The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 (S.I. 2024/193), arts. 1(2), 5(2)(b)