The Copyright and Performances (Application to Other Countries) (Amendment) (No. 2) Order 2024

Restriction on the application of Part 2 of the Copyright, Designs and Patents Act 1988 to the United Kingdom, the Channel Islands, the Isle of Man, Gibraltar and countries which are party to the Rome Convention

4.  For article 9 (restrictions on the application of Part 2 of the Act to countries that have made certain declarations under the Rome Convention(1)) substitute—

“Restriction on the application of Part 2 of the Act to the United Kingdom, the Channel Islands, the Isle of Man, Gibraltar and countries which are party to the Rome Convention

9.— (1) This article applies to—

(a) the United Kingdom;

(b) the Channel Islands, the Isle of Man and Gibraltar; and

(c) a country which is a party to the Rome Convention.

(2) Where this article applies, Part 2 of the Act applies subject to the modification set out in paragraph (3).

(3) In section 182D(1)(2) (right to equitable remuneration for exploitation of sound recording), the reference to a qualifying performance shall be construed as a reference only to a performance which is a qualifying performance because it meets—

(a) Condition A or Condition B in section 181(3), or

(b) Condition C in that section by virtue of paragraph (a) of that Condition.”.

(1)

Cm. 2425; “the Rome Convention” is defined in section 206(6) of the Copyright, Designs and Patents Act (c. 48) (which was inserted by section 22(7) of the Intellectual Property Act 2014 (c. 18)).

(2)

Section 182D was inserted by regulations 4 and 20(2) of S.I. 1996/2967, and amended by regulations 3 and 7(2) of S.I. 2003/2498, regulation 2 of, and paragraphs 1 and 3 of the Schedule to, S.I. 2006/18, and regulations 3 and 7 of S.I. 2013/1782.

(3)

Section 181 was substituted by section 5(2) of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 (c. 6), with effect from the day on which the Comprehensive and Progressive Agreement for Trans-Pacific Partnership enters into force for the United Kingdom (see section 7(1) of that Act).