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Statutory Instrument 2006 No. 316The Copyright and Performances (Application to Other Countries) Order 2006(The document as of February, 2008) STATUTORY INSTRUMENTS2006 No. 316COPYRIGHTRIGHTS IN PERFORMANCESThe Copyright and Performances (Application to Other Countries) Order 2006
Her Majesty is satisfied that provision has been or will be made giving adequate protection for British performances and to the owners of British copyright works under the laws of the Isle of Man and for British performances under the laws of Gibraltar. Her Majesty is further satisfied that provision has been or will be made giving adequate protection to the owners of the copyright in British sound recordings and wireless broadcasts under the laws of Indonesia and Malaysia and to the owners of the copyright in British sound recordings under the laws of Bangladesh, Botswana, Gabon, Georgia, Ghana, Guinea, India, Jordan, Kazakhstan, Mali, Mongolia, New Zealand, Pakistan, Senegal, Taiwan, Thailand and the United States of America. Accordingly, Her Majesty, by and with the advice of Her Privy Council, in exercise of the powers conferred upon Her by sections 159 and 208 of the Copyright, Designs and Patents Act 1988[1] and by section 2(2) of the European Communities Act 1972[2], makes the following Order: Introductory 1.—(1) This Order may be cited as the Copyright and Performances (Application to Other Countries) Order 2006 and shall come into force on 6th April 2006. (2) In this Order "the Act" means the Copyright, Designs and Patents Act 1988. (3) The Copyright and Performances (Application to Other Countries) Order 2005 is revoked[3]. Literary, dramatic, musical and artistic works, films and the typographical arrangement of published editions 2.—(1) All the provisions of Part 1 of the Act, insofar as they relate to literary, dramatic, musical and artistic works, films and the typographical arrangement of published editions, apply in relation to the countries indicated in the second column of the table set out in the Schedule so that those provisions apply—
(b) in relation to bodies incorporated under the laws of those countries as they apply in relation to bodies incorporated under the law of a part of the United Kingdom, and (c) in relation to works first published in those countries as they apply in relation to works first published in the United Kingdom, subject to paragraph (2).
(b) in relation to bodies incorporated under the laws of those countries as they apply in relation to bodies incorporated under the law of a part of the United Kingdom, and (c) in relation to works first published in those countries as they apply in relation to works first published in the United Kingdom. (2) Where in the third column of the table set out in the Schedule the entry for a country—
(ii) section 19 (infringement by playing of work in public)[5]; (iii) section 20 (infringement by communication to the public)[6]; (iv) section 26 (secondary infringement: provision of apparatus for infringing performance, &c); and (v) section 107(2A) and (3) (criminal liability for communicating to the public or playing a sound recording)[7]; (b) includes a hash (#), the following provisions of Part 1 of the Act, insofar as they relate to sound recordings, also apply to that country-
(ii) section 107(2A) (criminal liability for communicating to the public), except that it does not apply in relation to the broadcasting of a sound recording. Wireless broadcasts
(b) in relation to bodies incorporated under the laws of those countries as they apply in relation to bodies incorporated under the law of a part of the United Kingdom, and (c) in relation to broadcasts made from those countries as they apply in relation to broadcasts made from the United Kingdom, subject to paragraphs (3) to (5).
(b) section 19 (infringement by showing or playing of work in public), but only insofar as it relates to broadcasts other than television broadcasts; (c) section 20 (infringement by communication to the public), except in relation to broadcasting by wireless telegraphy; (d) section 26 (secondary infringement: provision of apparatus for infringing performance, &c), but only insofar as it relates to broadcasts other than television broadcasts; (e) section 107(2A) (criminal liability for communicating to the public), except in relation to broadcasting by wireless telegraphy. (3) The provisions of Part 1 of the Act do not apply in relation to a wireless broadcast made from a place in a country, referred to in paragraph (4), before the relevant date.
(b) where its entry in the fourth column of the table set out in the Schedule includes a "(Y)", is 1st January 1996; or (c) where there is a date next to its entry in the fourth column of the table set out in the Schedule, is that date. (5) For the purposes of section 14(5) of the Act (duration of copyright in repeats)[8] any wireless broadcast which does not qualify for copyright protection shall be disregarded.
(b) in relation to bodies incorporated under the laws of those countries as they apply in relation to bodies incorporated under the law of a part of the United Kingdom, and (c) in relation to broadcasts made from those countries as they apply in relation to broadcasts made from the United Kingdom. Performances
(b) the following provisions of Part 2 of the Act shall not apply—
(ii) section 182D (right to equitable remuneration for exploitation of sound recording); (iii) section 183 (infringement of performer's rights by use of recording made without consent); (iv) sections 185 to 188 (rights of person having recording rights); (v) section 198(2) (criminal liability for playing or communicating to the public); and (c) where in the sixth column of the table set out in the Schedule the entry for a country includes an asterisk (*), the following provisions of Part 2 of the Act shall also not apply—
(ii) section 198(1A) (criminal liability for making available to the public). Savings
(b) he—
(ii) made in good faith effective and serious preparations to do the act, at a time when the act neither infringed nor was restricted by the relevant rights in the work or performance. (2) Where another person (B) acquires those relevant rights pursuant to this Order, A has the right —
(b) to do the excluded act, notwithstanding that the excluded act infringes or is restricted by those relevant rights.
(b) A and B cannot agree on what compensation is reasonable, either person may refer the matter to arbitration.
(This note is not part of the Order) Part 1 of the Copyright, Designs and Patents Act 1988 ("the Act") confers copyright on the creators of certain works. Part 2 of the Act confers rights on performers and persons having recording rights in relation to a performance. The purpose of this Order is to apply Part 1 of the Act to works originating from other countries and to confer on certain countries reciprocal protection under Part 2 of the Act. In this Order the term "country" includes territories, by reason of sections 178 and 211 of the Act. By reason of section 153(3) of the Act this Order will not affect works in which copyright already subsists. Further, by reason of paragraph 35 of Schedule 1 to the Act, any work in which copyright subsisted under the Copyright Act 1956 (c. 74) is deemed to satisfy the requirements of qualification for copyright protection. Article 2 qualifies literary, dramatic, musical and artistic works, films and typographical arrangements of published editions for copyright protection where they are connected to the countries indicated in the second column of the Schedule. All of those countries are parties to the Berne Copyright Convention (Cm. 1212), to the Universal Copyright Convention (Cmnd. 5844) or to the Agreement establishing the World Trade Organisation (including the Agreement on Trade-Related Aspects of Intellectual Property Rights (Cm. 3044-6, 3080, 3263-4, 3268-9, 3271, 3275-7 and 3282)) or are member States of the European Community or the European Free Trade Agreement; or otherwise give adequate protection under their laws. Article 3 qualifies sound recordings for copyright protection where they are connected to the countries indicated in the third column of the Schedule. The protection extends to lending, playing in public or broadcasting if the country of origin is marked by an asterisk. All such countries are parties to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Cmnd. 2425) ("the Rome Convention") or are member States of the European Community or the European Free Trade Agreement; or otherwise give adequate protection under their laws. Different protection is given to those countries marked by a hash. All such countries are parties to the World Intellectual Property Organisation (WIPO) Performances and Phonograms Treaty (Cmnd. 3736) ("the WPPT"), but not parties to the Rome Convention. The United Kingdom has not ratified the WPPT, but it has agreed to ratify it along with the European Community and with the other member States in accordance with Council Decision 2000/278/EC (O.J. No L 89, 11.4.2000, p. 6). Protection is therefore accorded to contracting parties in anticipation of ratification on the basis that upon ratification those countries will provide protection under their laws. Article 4 qualifies wireless broadcasts for copyright protection where they are connected to the countries indicated in the fourth column of the Schedule. These countries are parties to the Rome Convention or are member States of the European Community or the European Free Trade Agreement; or otherwise give adequate protection under their laws. Those countries marked by an asterisk, which receive more limited protection, are parties to the Agreement establishing the World Trade Organisation (including the Agreement on Trade-Related Aspects of Intellectual Property Rights), but not to the Rome Convention. Protection does not extend to wireless broadcasts made before the specified dates. By reason of paragraph 9(a) of Schedule 1 to the Act, protection never extends to such broadcasts made before 1st June 1957. Article 5 qualifies broadcasts (other than wireless broadcasts) for copyright protection where they are connected to the countries indicated in the fifth column of the Schedule. These countries are member States of the European Community or the European Free Trade Agreement or otherwise give adequate protection under their laws. By reason of paragraph 9(b) of Schedule 1 to the Act, protection does not extend to such broadcasts made before 1st January 1985. Article 6 qualifies certain performances and persons having recording protection under Part 2 where they are connected to the countries indicated in the sixth column of the Schedule. Paragraph (1) grants reciprocal protection to certain countries in respect of their performers and persons having recording rights. These countries are parties to the Rome Convention. Paragraph (2) applies where it is not possible to grant reciprocal protection, but the United Kingdom is obliged to grant limited protection to performers, by reason of both it and the European Community being party to the Agreement establishing the World Trade Organisation (including the Agreement on Trade-Related Aspects of Intellectual Property Rights). All such countries are marked with an asterisk. This article also grants reciprocal protection to certain countries (those not marked with an asterisk) for the making available of a performance, by reason of the United Kingdom's and the European Community's undertaking to become a party to the WPPT. Article 7 is a savings provision. This Order uses powers given by the Act and by the European Communities Act 1972 to implement various Community obligations of the United Kingdom. The powers under the Act are also used to implement certain other international obligations. This Order replaces the Copyright and Performances (Application to Other Countries) Order 2005 (SI 2005/852) ("the 2005 Order") which is revoked by article 1(3). This Order provides a consolidated list of the protection afforded to other countries. The only substantive changes from the 2005 Order are that the protection afforded to sound recordings, wireless broadcasts and performances originating from Azerbaijan and Bahrain has been modified following their accession to the Rome Convention; and the protection afforded to performances originating from Oman and Qatar has been modified following their accession to the WPPT. Notes: [1]1988 c.48, section 159 was amended by regulation 2(2) of, and Schedule 2 to, the Copyright and Related Rights Regulations 2003 (SI 2003/2498).back [2]1972 c. 68.back [3]SI 2005/852.back [4]Section 18A of the Act was inserted by regulation 10(2) of the Copyright and Related Rights Regulations 1996 (SI 1996/2967).back [5]Section 19 of the Act was amended by regulation 2(1) of, and paragraph 3(1) of Schedule 1 to, the Copyright and Related Rights Regulations 2003.back [6]Section 20 of the Act was substituted by regulation 6(1) of the Copyright and Related Rights Regulations 2003.back [7]Section 107(2A) of the Act was inserted by regulation 26(1)(a) of the Copyright and Related Rights Regulations 2003 and section 107(3) of the Act was amended by regulation 2(1) of, and paragraph 9(2) of Schedule 1 to, those Regulations.back [8]Section 14 of the Act was substituted by regulation 7(1) of the Duration of Copyright and Rights in Performances Regulations 1995 (SI 1995/3297) and it was subsequently amended by regulation 2(2) of, and Schedule 2 to, the Copyright and Related Rights Regulations 2003.back [9]Sections 182B to 182D were inserted by regulation 20(2) of the Copyright and Related Rights Regulations 1996.back [10]Section 182CA and section 198(1A) of the Act were inserted by regulations 7(1) and 26(3) of the Copyright and Related Rights Regulations 2003 respectively.back [11]Part 1 of the Act extends to Gibraltar by reason of the Copyright (Gibraltar) Order 2005 (SI 2005/853).back ISBN0 11 074059 9 -- Back --
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