Title and introductory text
This Statutory Instrument has been made in part to correct errors in S.I. 2016/1219 and is being issued free of charge to all known recipients of that Statutory Instrument.
2024 No. 193
COPYRIGHT
RIGHTS IN PERFORMANCES
The Copyright and Performances (Application to Other Countries) (Amendment) Order 2024
Made
21st February 2024
Laid before Parliament
28th February 2024
Coming into force in accordance with article 1(2)
At the Court at Buckingham Palace, the 21st day of February 2024
Present,
The King's Most Excellent Majesty in Council
His Majesty, in exercise of the powers conferred on him by sections 159, 206 and 208 of the Copyright, Designs and Patents Act 1988 (“the Act”), is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows.
His Majesty is satisfied, in relation to copyright in wireless broadcasts, to the extent that this Order relates to a country to which article 7 of the Copyright and Performances (Application to Other Countries) Order 2016 applies, that provision has been or will be made under the law of that country in respect of wireless broadcasts giving adequate protection to the owners of copyright under Part 1 of the Act.
Propose a change1 Citation, commencement and extent
(1) This Order may be cited as the Copyright and Performances (Application to Other Countries) (Amendment) Order 2024.
(2) This Order comes into force on the day on which the CPTPP enters into force for the United Kingdom.
(3) This Order extends to England and Wales, Scotland and Northern Ireland.
(4) In this article—
(a) “the CPTPP” means the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Santiago on 8 March 2018, including the UK Accession Protocol, as it has effect in the United Kingdom from time to time;
(b) “the UK Accession Protocol” means the Protocol on the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, signed at Auckland and Bandar Seri Begawan on 16 July 2023.
Propose a change2 Amendment of the Copyright and Performances (Application to Other Countries) Order 2016
The Copyright and Performances (Application to Other Countries) Order 2016 is amended in accordance with articles 3 to 6.
Propose a change3 Literary, dramatic, musical and artistic works first published before 1st June 1957: replacement of restriction on the application of Part 1 of the Act to countries that are party to the Berne Convention or are WTO members
In article 2 (Berne Convention parties and WTO members: restriction on the application of Part 1 of the Act to certain works first published before 1st June 1957), for paragraph (2) substitute—
(2) Paragraph 5(1) of Schedule 1 to the Act (copyright: transitional provisions and savings) does not apply in relation to a literary, dramatic, musical or artistic work first published before 1st June 1957 in so far as its application would otherwise prevent the work from qualifying for copyright protection under section 154 (qualification by reference to author).
Propose a change4 Sound recordings: removal of restrictions on the application of Part 1 of the Act to countries that are party to the WPPT
In article 3 (WPPT parties: restrictions on the application of Part 1 of the Act to sound recordings)—
(a) in paragraph (1)—
(i) after “WPPT” insert “: sound recordings”;
(ii) for “restrictions” substitute “restriction”;
(b) in paragraph (2), omit sub-paragraphs (b) and (c).
Propose a change5 Broadcasts: removal of restrictions on the application of Part 1 of the Act to countries that are party to the Rome Convention and countries that are WTO members
(1) In article 6 (Rome Convention parties: restrictions on the application of Part 1 of the Act to broadcasts)—
(a) in paragraph (1), for “restrictions specified in paragraphs (2) and (3)” substitute “restriction specified in paragraph (3)”;
(b) omit paragraph (2).
(2) In article 7(3) (WTO members: restrictions on the application of Part 1 of the Act to wireless broadcasts)—
(a) in sub-paragraph (d), for “does not apply in so far as it relates” substitute “only applies in relation”;
(b) omit sub-paragraph (f) and the “and” preceding it.
(3) In article 8(2) (miscellaneous countries: application of Part 1 of the Act to wireless broadcasts), for “a member State” substitute “Malta”.
Propose a change6 Performances: removal of restrictions on the application of Part 2 of the Act to certain countries that are party to the Rome Convention and certain countries that are party to the WPPT
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Omit article 10 (WPPT parties that are Rome Convention parties: application of Part 2 of the Act).
(3) In article 11 (WPPT parties that are not Rome Convention parties: application of Part 2 of the Act)—
(a) in paragraph (3)(b)—
(i) omit paragraph (ii);
(ii) in paragraph (iv), at the end, insert “, in so far as it relates to an infringement under section 187”;
(b) in paragraph (4), after “applies” insert “, other than New Zealand and Singapore,”.
(4) In the Schedule, in Part 2 (WPPT parties and WTO members which are not Rome Convention parties: application of Part 2 of the Act), omit the entries for Belize, Canada, Qatar and Tunisia.
Propose a change