The Copyright and Performances (Application to Other Countries) Order 2016

PART 3 SOUND RECORDINGS

Restricted application of section 159(3) in relation to certain sound recordings

3.—(1) The application of Part 1 of the Act by virtue of section 159(3) (countries that are parties to the WPPT) is subject to the restrictions set out in paragraph (2).

(2) Where a country is a party to the WPPT but not the Rome Convention(1), Part 1 of the Act applies except that—

(a) section 18A (infringement by rental or lending of work to the public)(2) does not apply in so far as it relates to lending;

(b) section 20 (infringement by communication to the public)(3) does not apply to the broadcasting of a sound recording; and

(c) section 107(2A) (criminal liability for communicating to the public)(4) does not apply in relation to the broadcasting of a sound recording.

Sound recordings – application of Part 1 of the Act – parties to the Berne Convention and WTO Members

4.—(1) This article applies to a relevant country that—

(a) is not a party to the Rome Convention or the WPPT; and

(b) satisfies either or both of the following criteria—

(i) the country is a party to the Berne Convention(5); and

(ii) the country is a member of the WTO.

(2) Where this article applies to a country, Part 1 of the Act so far as it relates to sound recordings—

(a) applies in relation to a person who is a citizen or subject of that country or a person domiciled or resident there as it applies in relation to a person who is a British citizen or is domiciled or resident in the United Kingdom,

(b) applies in relation to a body incorporated under the law of that country as it applies in relation to a body incorporated under the law of a part of the United Kingdom, and

(c) applies in relation to a sound recording first published in that country as it applies in relation to a sound recording first published the United Kingdom,

(but see paragraph (3)).

(3) The application of Part 1 of the Act by virtue of paragraph (2) is subject to the following modifications—

(a) section 18A (infringement by rental or lending of work to the public) does not apply in so far as it relates to lending;

(b) the following provisions do not apply—

(i) section 19 (infringement by showing or playing of work in public)(6);

(ii) section 20 (infringement by communication to the public);

(iii) section 26 (secondary infringement: provision of apparatus for infringing performance, &c); and

(iv) section 107(2A) and (3) (criminal liability for communicating to the public or playing sound recording)(7).

Sound recordings – application of Part 1 of the Act – miscellaneous countries

5.—(1) This article applies to the countries listed in Part 1 of the Schedule to this Order.

(2) Where this article applies to a country, Part 1 of the Act so far as it relates to sound recordings—

(a) applies in relation to a person who is a citizen or subject of that country or a person domiciled or resident there as it applies in relation to a person who is a British citizen or is domiciled or resident in the United Kingdom;

(b) applies in relation to a body incorporated under the law of that country as it applies in relation to a body incorporated under the law of a part of the United Kingdom; and

(c) applies in relation to a sound recording first published in that country as it applies in relation to a sound recording first published in the United Kingdom.

(1)

Cm.2425; “Rome Convention” is defined in section 159(9) of the Copyright, Designs and Patents Act 1988.

(2)

Section 18A was inserted by regulation 10(2) of the Copyright and Related Rights Regulations 1996 (S.I. 1996/2967) and subsequently amended by paragraph 6(2) of Schedule 1 to the Copyright and Related Rights Regulations 2003 (S.I. 2003/2498).

(3)

Section 20 was substituted by regulation 6(1) of the Copyright and Related Rights Regulations 2003.

(4)

Section 107(2A) was inserted by regulation 26(1)(a) of the Copyright and Related Rights Regulations 2003.

(5)

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

(6)

Section 19 was amended by paragraph 3(1) of Schedule 1 to the Copyright and Related Rights Regulations 2003.

(7)

Section 107(2A) was inserted by regulations 3 and 26(1)(a) of the Copyright and Related Rights Regulations 2003 and section 107(3) was amended by paragraph 9(2) of Schedule 1 to those Regulations.