The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024

Literary, dramatic, musical and artistic works first published before 1st June 1957: replacement of restriction on the application of Part 1 of the Act to countries that are party to the Berne Convention or are WTO members

3.  In article 2 (Berne Convention(1) parties and WTO members: restriction on the application of Part 1 of the Act to certain works first published before 1st June 1957), for paragraph (2) substitute—

“(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(2) (qualification by reference to author).”

(1)

Cm. 1212; “the Berne Convention” is defined in section 159(9) of the Copyright, Designs and Patents Act 1988 (c. 48).

(2)

Section 154 was amended by regulations 4 and 5(3) of S.I. 1995/3297, section 22(1) of the Intellectual Property Act 2014 (c. 18), regulations 2 and 14 of S.I. 2019/605, section 2(3) of the British Overseas Territories Act 2002 (c. 8), and regulation 2(2) of, and Schedule 2 to, S.I. 2003/2498.