Part II Amendments of the Copyright, Designs and Patents Act 1988
Copyright
Meaning of country of origin8
1
In Chapter I of Part I (subsistence, ownership and duration of copyright), after section 15 insert—
15A Meaning of country of origin.
1
For the purposes of the provisions of this Part relating to the duration of copyright the country of origin of a work shall be determined as follows.
2
If the work is first published in a Berne Convention country and is not simultaneously published elsewhere, the country of origin is that country.
3
If the work is first published simultaneously in two or more countries only one of which is a Berne Convention country, the country of origin is that country.
4
If the work is first published simultaneously in two or more countries of which two or more are Berne Convention countries, then—
a
if any of those countries is an EEA state, the country of origin is that country; and
b
if none of those countries is an EEA state, the country of origin is the Berne Convention country which grants the shorter or shortest period of copyright protection.
5
If the work is unpublished or is first published in a country which is not a Berne Convention country (and is not simultaneously published in a Berne Convention country), the country of origin is—
a
if the work is a film and the maker of the film has his headquarters in, or is domiciled or resident in a Berne Convention country, that country;
b
if the work is—
i
a work of architecture constructed in a Berne Convention country, or
ii
an artistic work incorporated in a building or other structure situated in a Berne Convention country,
that country;
c
in any other case, the country of which the author of the work is a national.
6
In this section—
a
a “Berne Convention country" means a country which is a party to any Act of the International Convention for the Protection of Literary and Artistic Works signed at Berne on 9th September 1886; and
b
references to simultaneous publication are to publication within 30 days of first publication.
2
In section 179 (index of defined expressions: Part I), at the appropriate place insert—
country of origin
section 15A.