Statutory Instrument 1999 No. 1752

The Performances (Reciprocal Protection) (Convention Countries) Order 1999

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1999 No. 1752

RIGHTS IN PERFORMANCES

The Performances (Reciprocal Protection) (Convention Countries) Order 1999

	Made	22nd June 1999
	Laid before Parliament	1st July 1999
	Coming into force	22nd July 1999

At the Court at Windsor Castle, the 22nd day of June 1999
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue of the authority conferred upon Her by section 208(1)(a) of the Copyright, Designs and Patents Act 1988[1], is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows:

    1. - (1) This Order may be cited as the Performances (Reciprocal Protection) (Convention Countries) Order 1999 and shall come into force on 22nd July 1999.

    (2) In this Order-

"the Act" means the Copyright, Designs and Patents Act 1988.

    2.The countries specified in:

(a) Part 1, and

(b) subject to article 3 below, Part 2,

of the Schedule to this Order are designated as enjoying reciprocal protection under Part II of the Copyright, Designs and Patents Act 1988 (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 2 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 1995[2] is hereby revoked.


A.K. Galloway
Clerk of the Privy Council

SCHEDULEArticle 2



Part 1
(Article 2(a))
Argentina

Australia

Barbados

Bolivia

Brazil

Bulgaria

Burkina Faso

Canada

Cape Verde

Chile

Colombia

Congo

Costa Rica

Czech Republic

Dominican Republic

Ecuador

El Salvador

Faeroe Islands

Fiji

Greenland

Guatemala

Honduras

Hungary

Iceland

Jamaica

Japan

Lebanon

Lesotho

Macedonia

Mexico

Moldova

Monaco

Niger

Nigeria

Norway

Panama

Paraguay

Peru

Philippines

Poland

Romania

Saint Lucia

Slovak Republic

Slovenia

Switzerland

Uruguay

Venezuela



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

Angola

Bahrain

Bangladesh

Belize

Benin

Botswana

Brunei Darussalam

Burundi

Cameroon

Central African Republic

Chad

Cote D'Ivoire

Cuba

Cyprus

Democratic Republic of Congo

Djibouti

Dominica

Egypt

Gabon

Gambia

Ghana

Grenada

Guinea

Guinea-Bissau

Guyana

Haiti

Hong Kong

India

Indonesia

Israel

Kenya

Korea, Republic of

Kuwait

Kyrgyz Republic

Latvia

Liechtenstein

Macau

Madagascar

Malawi

Malaysia

Maldives

Mali

Malta

Mauritania

Mauritius

Mongolia

Morocco

Mozambique

Myanmar

Namibia

New Zealand

Nicaragua

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

Tanzania

Thailand

Togo

Trinidad and Tobago

Tunisia

Turkey

Uganda

United Arab Emirates

United States

Zambia

Zimbabwe

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EXPLANATORY NOTE

(This note is not part of the Order)

Section 180 of Part II of the Copyright, Designs and Patents Act 1988 (rights in performances) confers rights on performers and persons having recording rights. 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.

The Performances (Reciprocal Protection) (Convention Countries) Order 1995 (S.I. 1995/2990) designated certain countries, which are parties to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (the Rome Convention) (Cmnd. 2425), as enjoying reciprocal protection under Part II of the Act.

Canada, Cape Verde, Lebanon, Macedonia, Poland, Romania, Saint Lucia, Slovenia and Venezuela have become parties to the Rome Convention since the making of the 1995 Order. This Order revokes and replaces the 1995 Order to include those countries in the list of designated countries.

The 1995 Order also designated certain countries, which are parties to the Agreement Establishing the World Trade Organisation (Cm. 2556-59, 2561-69, 2571-74) including the Agreement on Trade-Related Aspects of Intellectual Property Rights, as enjoying the more limited reciprocal obligations in respect of rights in performances arising therefrom.

Angola, Benin, Cameroon, Chad, Democratic Republic of the Congo, Gambia, Grenada, Haiti, Kyrgyz Republic, Latvia, Madagascar, Mongolia, Papua New Guinea, Qatar, Rwanda, Saint Kitts and Nevis, Solomon Islands and United Arab Emirates have become parties to the WTO Agreement since the making of the 1995 Order. This Order revokes and replaces the 1995 Order to include those countries in the list of designated countries.

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Notes:

[1] 1988 c. 48.back

[2] S.I. 1995/2990.back

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ISBN 0 11 082849 6

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