The Performances (Reciprocal Protection) (Convention Countries and Isle of Man) Order 2003

Statutory Instruments

2003 No. 773

RIGHTS IN PERFORMANCES

The Performances (Reciprocal Protection) (Convention Countries and Isle of Man) Order 2003

Made

20th March 2003

Laid before Parliament

1st April 2003

Coming into force

22nd April 2003

At the Court at Buckingham Palace, the 20th day of March 2003

Present,

The Queen’s Most Excellent Majesty in Council

Whereas Her Majesty is satisfied that provision has been or will be made giving adequate protection for British performances under the law of the Isle of Man,

Now therefore, Her Majesty, by and with the advice of Her Privy Council, and by virtue of the authority conferred upon Her by section 208(1)(a) and (b) of the Copyright, Designs and Patents Act 1988(1), is pleased to order, and it is hereby ordered, as follows:

1.—(1) This Order may be cited as the Performances (Reciprocal Protection) (Convention Countries and Isle of Man) Order 2003 and shall come into force on 22nd April 2003.

(2) In this Order “the Act” means the Copyright, Designs and Patents Act 1988.

2.  The countries specified in—

(a) Parts 1 and 2, and

(b) subject to article 3 below, Part 3,

of the Schedule to this Order are designated as enjoying reciprocal protection under Part II of the Act (rights in performances).

3.  In the application of Part II of the Act by virtue of article 2(b) above in relation to those countries specified in Part 3 of the Schedule to this Order, that Part shall apply only to the extent that it confers rights on a performer in respect of—

(a) the making of—

(i) a sound recording directly from a live performance of his;

(ii) a copy of that sound recording; and

(b) the broadcast live, or the inclusion live in a cable programme service, of a performance of his.

4.  The Performances (Reciprocal Protection) (Convention Countries) Order 1999(2) is hereby revoked.

A. K. Galloway,

Clerk of the Privy Council

Article 2

SCHEDULE

Part 1 (Article 2(a))

• Isle of Man.

Part 2 (Article 2(a))

• Albania

• Argentina

• Armenia

• Australia

• Barbados

• Bolivia

• Brazil

• Bulgaria

• Burkina Faso

• Canada

• Cape Verde

• Chile

• Colombia

• Congo

• Costa Rica

• Croatia

• Czech Republic

• Dominica

• Dominican Republic

• Ecuador

• El Salvador

• Estonia

• Faeroe Islands

• Fiji

• Greenland

• Guatemala

• Honduras

• Hungary

• Iceland

• Israel

• Jamaica

• Japan

• Latvia

• Lebanon

• Lesotho

• Liechtenstein

• Lithuania

• Macedonia

• Mexico

• Moldova

• Monaco

• Nicaragua

• Niger

• Nigeria

• Norway

• Panama

• Paraguay

• Peru

• Philippines

• Poland

• Romania

• Saint Lucia

• Slovak Republic

• Slovenia

• Switzerland

• Ukraine

• Uruguay

• Venezuela

Part 3 (Articles 2(b) and (3))

• Antigua and Barbuda

• Angola

• Bahrain

• Bangladesh

• Belize

• Benin

• Botswana

• Brunei Darussalam

• Burundi

• Cameroon

• Central African Republic

• Chad

• China

• Cote D'Ivoire

• Cuba

• Cyprus

• Democratic Republic of Congo

• Djibouti

• Egypt

• Gabon

• Gambia

• Georgia

• Ghana

• Grenada

• Guinea

• Guinea-Bissau

• Guyana

• Haiti

• Hong Kong

• India

• Indonesia

• Jordan

• Kenya

• Korea, Republic of

• Kuwait

• Kyrgyz Republic

• Macau

• Madagascar

• Malawi

• Malaysia

• Maldives

• Mali

• Malta

• Mauritania

• Mauritius

• Mongolia

• Morocco

• Mozambique

• Myanmar

• Namibia

• New Zealand

• Oman

• Pakistan

• Papua New Guinea

• Qatar

• Rwanda

• Saint Kitts and Nevis

• Saint Vincent and the Grenadines

• Senegal

• Sierra Leone

• Singapore

• Solomon Islands

• South Africa

• Sri Lanka

• Suriname

• Swaziland

• Taiwan

• Tanzania

• Thailand

• Togo

• Trinidad and Tobago

• Tunisia

• Turkey

• Uganda

• United Arab Emirates

• United States of America

• Zambia

• Zimbabwe.

Explanatory Note

(This note is not part of the Order)

Part II of the Copyright, Designs and Patents Act 1988 (rights in performances) (1988 c. 48) (“the Act”) confers rights on performers and persons having recording rights in relation to a performance. A performance is a qualifying performance for the purposes of Part II of the Act if it is given by a qualifying individual or takes place in a qualifying country. In Part II of the Act “qualifying country” means the United Kingdom, another member State of the European Community or, to the extent that an Order under section 208 so provides, a country designated under that section as enjoying reciprocal protection.

This Order revokes and replaces the Performances (Reciprocal Protection) (Convention Countries) Order 1999 (S.I. 1999/1752) (“the 1999 Order”).

The 1999 Order designated certain countries, which are parties to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Cmnd. 2425) (“the Rome Convention”), as enjoying reciprocal protection under Part II of the Act. Albania, Armenia, Croatia, Dominica, Estonia, Israel, Latvia, Liechtenstein, Lithuania, Nicaragua and Ukraine have become parties to the Rome Convention since the making of the 1999 Order. This Order revokes and replaces the 1999 Order to include those countries in the list of designated countries in Part 2 of the Schedule.

The 1999 Order also designated certain countries, which are parties to the Agreement Establishing the World Trade Organisation (Cmnd. 2556–59, 2561–69, 2571–74) including the Agreement on Trade-Related Aspects of Intellectual Property Rights (“the WTO Agreement”), as enjoying the more limited reciprocal obligations in respect of rights in performances arising therefrom. China, Georgia, Jordan, Oman and Taiwan have become parties to the WTO Agreement since the making of the 1999 Order. This Order revokes and replaces the 1999 Order to include those countries in the list of designated countries in Part 3 of the Schedule.

This Order also designates the Isle of Man as enjoying reciprocal protection under Part II of the Act.

(1)

1988 c. 48.

(2)

S.I. 1999/1752.