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The Copyright and Performances (Application to Other Countries) Order 2016
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Changes to legislation:
The Copyright and Performances (Application to Other Countries) Order 2016, Section 11 is up to date with all changes known to be in force on or before 01 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 11:
- art. 11(3)(b)(ii) omitted by S.I. 2024/193 art. 6(3)(a)(i)
- art. 11(3)(b)(iv) words inserted by S.I. 2024/193 art. 6(3)(a)(ii)
- art. 11(3)(aa) inserted by S.I. 2024/1124 art. 5
- art. 11(4) words inserted by S.I. 2024/193 art. 6(3)(b)
- art. 12A(1) words in art. 12A renumbered as art. 12A(1) by S.I. 2024/1124 art. 6(2)
- art. 12A(1) words inserted by S.I. 2024/1124 art. 6(3)
- art. 12A(2)(3) inserted by S.I. 2024/1124 art. 6(4)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- art. 11(3)(aa) inserted by S.I. 2024/1124 art. 5
- art. 12A(1) words in art. 12A renumbered as art. 12A(1) by S.I. 2024/1124 art. 6(2)
- art. 12A(1) words inserted by S.I. 2024/1124 art. 6(3)
- art. 12A(2)(3) inserted by S.I. 2024/1124 art. 6(4)
Application of Part 2 of the Act to WPPT countries not party to the Rome ConventionU.K.
This section has no associated Explanatory Memorandum
11.—(1) This article applies to the countries listed in Part 2 of the Schedule where this article is specified in the entry relating to that country (countries party to the WPPT but not the Rome Convention).
(2) A country to which this article applies is, subject to paragraphs (3) and (4), designated as enjoying reciprocal protection under Part 2 of the Act.
(3) Part 2 of the Act applies subject to the following modifications—
(a)the definition of recording in section 180(2) (rights conferred on performers and persons having recording rights), shall be construed as applying only to sound recordings (and not to films);
(b)the following provisions do not apply—
(i)section 182C (consent required for rental or lending of copies to public), in so far as it relates to lending;
(ii)section 183 (infringement of performer's rights by use of recording made without consent);
(iii)sections 185 to 188 (rights of persons having recording rights); and
(iv)section 198(2) (criminal liability for making available to the public).
(4) Where a country to which this article applies has made a declaration under Article 15(3) of the WPPT that—
(a)it will apply the provisions of Article 15(1) of the WPPT (which confers on performers and producers of phonograms a right to remuneration for broadcasting and communication to the public) only in respect of certain uses,
(b)it will limit the application of the provisions of Article 15(1) of the WPPT in some other way, or
(c)it will not apply the provisions of Article 15(1) of the WPPT at all,
the provisions of Part 2 of the Act shall not apply to protect the right provided for in Article 15(1) of the WPPT to the extent that the declaration is in force in the law of that country in relation to British performances.
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