The Copyright (Application to Other Countries) (No. 2) Order 1989

Explanatory Note

(This note is not part of the Order)

This Order applies the provisions of Part I of, and Schedule 1 to, the Copyright, Designs and Patents Act 1988 to works of different types originating in the countries specified in the Schedules to the Order, with the effect that those works receive copyright protection in the United Kingdom. The Order supersedes, and is in the same terms as, the Copyright (Application to Other Countries) Order 1989, which it revokes before that Order comes into force.

Article 2 provides protection for literary, dramatic, musical and artistic works, films and published editions originating in any country in Schedule 1. All of those countries (except Singapore and the territory of Taiwan) are parties to the Berne Copyright Convention (Cmnd. 5002), the Universal Copyright Convention (Cmnd. 4905) or both; the countries in respect of which a date is specified are parties to the Universal Copyright Convention alone whose works did not enjoy copyright protection in the United Kingdom before accession (i.e., non-Commonwealth parties), together with the territory of Taiwan. Protection is excluded for literary, dramatic, musical and artistic works first published in a non-Schedule country before 1st June 1957 or, if the author was not a qualifying person at the time of publication, before 1st August 1989. Typeface designs are excluded.

Article 3 provides protection for sound recordings originating in any country in Schedule 1 or Indonesia. The protection extends to playing in public or broadcasting only if the country of origin of the recording is in Schedule 2 (parties to the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Cmnd. 2425) and countries otherwise giving adequate protection).

Article 4 provides protection for broadcasts originating in any country in Schedule 3. These countries are all parties to the Rome Convention, except for Belgium, Cyprus and Spain, which are parties only to the European Agreement on the Protection of Television Broadcasts (Cmnd. 1163), and Singapore. Protection does not extend to broadcasts made before the specified dates. The protection for Singapore also covers cable programmes.

Article 5 modifies the Order in respect of Indonesia, Singapore and the territory of Taiwan. They are party to no relevant convention and the protection of their works depends wholly upon reciprocal protection for British works in their law. The modifications ensure as precise reciprocity as possible.

Article 6 preserves existing qualifications.

Article 7 preserves contrary acquired rights.

Article 8 revokes the Copyright (Application to Other Countries) Order 1989 referred to above and various Orders in Council made under the Copyright Act 1956 (which was repealed on 1st August 1989).