1 Introductory

(1)    This Order may be cited as the Copyright and Performances (Application to Other Countries) Order 2007 and shall come into force on 6th April 2007.

(2)    In this Order “the Act” means the Copyright, Designs and Patents Act 1988.

(3)    The Copyright and Performances (Application to Other Countries) Order 2006 is revoked.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see para (1) above.

Film & Broadcasting99 Media & Communications99

2 Literary, dramatic, musical and artistic works, films and the typographical arrangement of published editions

2Literary, dramatic, musical and artistic works, films and the typographical arrangement of published editions

(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—

(a)    in relation to persons who are citizens or subjects of, or are domiciled or resident in, those countries as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom,

(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).

(2)    Where a literary, dramatic, musical or artistic work was first published before 1st June 1957 it shall not qualify for copyright protection by reason of section 154 (qualification by reference to author).

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see art 1(1).

Film & Broadcasting97 Media & Communications97

3 Sound recordings

3Sound recordings

(1)    Except for the provisions listed in paragraph (2)(a), all the provisions of Part 1 of the Act, insofar as they relate to sound recordings, apply in relation to the countries indicated in the third column of the table set out in the Schedule so that those provisions apply—

(a)    in relation to persons who are citizens or subjects of, or are domiciled or resident in, those countries as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom,

(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—

(a)    includes an asterisk (*), the following provisions of Part 1 of the Act, insofar as they relate to sound recordings, also apply to that country—

(i)    section 18A (infringement by rental or lending of work to the public) insofar as it applies to lending;

(ii)    section 19 (infringement by playing of work in public);

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

(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);

(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—

(i)    section 20 (infringement by communication to the public), except that references to communication to the public do not include the broadcasting of a sound recording; and

(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.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see art 1(1).

Copyrights95 Intellectual Property Law95

4 Wireless broadcasts

4Wireless broadcasts

(1)    Except for the provisions listed in paragraph (2), all the provisions of Part 1 of the Act, insofar as they relate to wireless broadcasts, apply in relation to the countries indicated in the fourth column of the table set out in the Schedule so that those provisions apply—

(a)    in relation to persons who are citizens or subjects of, or are domiciled or resident in, those countries as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom,

(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).

(2)    The following provisions of Part 1 of the Act, insofar as they relate to wireless broadcasts, also apply in relation to a country where its entry in the fourth column of the table set out in the Schedule does not include an asterisk (*)—

(a)    section 18A (infringement by rental or lending of work to the public);

(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.

(4)    The relevant date in relation to a country—

(a)    where its entry in the fourth column of the table set out in the Schedule includes an “(X)”, is 1st June 1957;

(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) any wireless broadcast which does not qualify for copyright protection shall be disregarded.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see art 1(1).

Film & Broadcasting99 Copyrights93 Media & Communications99 Intellectual Property Law93

5 Other broadcasts

5Other broadcasts

All the provisions of Part 1 of the Act, insofar as they relate to broadcasts (other than wireless broadcasts), apply in relation to the countries indicated in the fifth column of the table set out in the Schedule so that those provisions apply—

(a)    in relation to persons who are citizens or subjects of, or are domiciled or resident in, those countries as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom,

(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.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see art 1(1).

6 Performances

6Performances

(1)    The countries in respect of which the word “designated” is included in the sixth column of the table set out in the Schedule are designated as enjoying reciprocal protection under Part 2 of the Act.

(2)    The countries in respect of which the word “deemed” is included in the sixth column of the table set out in the Schedule shall be treated as if they were designated as enjoying reciprocal protection under Part 2 of the Act, except that—

(a)    in that Part the term “recording” shall be construed as applying only to sound recordings (and not to films);

(b)    the following provisions of Part 2 of the Act shall not apply—

(i)    section 182C (consent required for rental or lending of copies to public), insofar as it relates to lending;

(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—

(i)    section 182CA (consent required for making available to the public);

(ii)    section 198(1A) (criminal liability for making available to the public).

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see art 1(1).

Music Industry92 Media & Communications92

7 Savings

7Savings

(1)    For the purposes of this article an act is an “excluded act” where—

(a)    a person (A) has incurred any expenditure or liability in connection with the act; and

(b)    he—

(i)    began in good faith to do the act, or

(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—

(a)    to continue to do the excluded act, or

(b)    to do the excluded act,

notwithstanding that the excluded act infringes or is restricted by those relevant rights.

(3)    Where B, or his exclusive licensee, pays reasonable compensation to A paragraph (2) no longer applies.

(4)    Where—

(a)    B offers to pay compensation to A under paragraph (3); but

(b)    A and B cannot agree on what compensation is reasonable,

either person may refer the matter to arbitration.

(5)    In this article “relevant rights” means copyright, the rights conferred by Chapter 4 of Part 1 of the Act and the rights conferred by Part 2 of the Act.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see art 1(1).

Signature

Christine Cook

Deputy Clerk of the Privy Council

SCHEDULE

SCHEDULE   Articles 2 to 6
CountryArticle 2
(literary, dramatic, musical and artistic works, films and typographical arrangements)
Article 3
(sound recordings)
Article 4
(wireless broadcasts)
Article 5
(other broadcasts)
Article 6
(performances)
AlbaniaAppliesApplies (*)Applies
(1st September 2000)
Designated
AlgeriaAppliesApplies
AndorraAppliesApplies (*)Applies
(25th May 2004)
Designated
AngolaAppliesAppliesApplies (*)
(23rd November 1996)
Deemed (*)
Antigua and BarbudaAppliesAppliesApplies (*)(Y) Deemed (*)
ArgentinaAppliesApplies (*)Applies
(2nd March 1992)
Designated
ArmeniaAppliesApplies (*)Applies
(31st January 2003)
Designated
Australia (including Norfolk Island)AppliesApplies (*)Applies
(30th September 1992)
Designated
AustriaAppliesApplies (*)Applies (X)Applies
AzerbaijanAppliesApplies (*)Applies
(5th October 2005)
Designated
BahamasAppliesApplies
BahrainAppliesApplies (*)Applies (Y) Designated
BangladeshAppliesApplies (*)Applies (*)(Y) Deemed (*)
BarbadosAppliesApplies (*)Applies
(18th September 1983)
Designated
BelarusAppliesApplies (*)Applies
(27th May 2003)
Designated
BelgiumAppliesApplies (*)Applies (X)Applies
BelizeAppliesAppliesApplies (*)(Y) Deemed (*)
BeninAppliesApplies (#)Applies (*)
(22nd February 1996)
Deemed
BhutanAppliesApplies
BoliviaAppliesApplies (*)Applies
(24th November 1993)
Designated
Bosnia and HerzegovinaAppliesApplies
BotswanaAppliesApplies (#)Applies (*)(Y) Deemed
BrazilAppliesApplies (*)Applies
(29th September 1965)
Designated
Brunei DarussalamAppliesAppliesApplies (*)(Y) Deemed (*)
BulgariaAppliesApplies (*)Applies (X)Applies
Burkina FasoAppliesApplies (*)Applies
(14th January 1988)
Designated
BurundiAppliesAppliesApplies (*)(Y) Deemed (*)
CambodiaAppliesAppliesApplies (*)
(13th October 2004)
Deemed (*)
CameroonAppliesAppliesApplies (*)(Y) Deemed (*)
CanadaAppliesApplies (*)Applies (Y) Designated
Cape VerdeAppliesApplies (*)Applies
(3rd July 1997)
Designated
Central African RepublicAppliesAppliesApplies (*)(Y) Deemed (*)
ChadAppliesAppliesApplies (*)
(19th October 1996)
Deemed (*)
ChileAppliesApplies (*)Applies
(5th September 1974)
Designated
ChinaAppliesAppliesApplies (*) (11th December 2001) Deemed (*)
ColumbiaAppliesApplies (*)Applies
(17th September 1976)
Designated
ComorosAppliesApplies
CongoApplies
Applies (*)Applies
(18th May 1964)
Designated
Costa RicaAppliesApplies (*)Applies
(9th September 1971)
Designated
Cote d'IvoireAppliesAppliesApplies (*)(Y) Deemed (*)
CroatiaAppliesApplies (*)Applies
(20th April 2000)
Designated
CubaAppliesAppliesApplies (*)(Y) Deemed (*)
CyprusAppliesApplies (*)Applies (X)Applies
Czech RepublicAppliesApplies (*)Applies (X)Applies
Democratic Republic of the CongoAppliesAppliesApplies (*)
(1st January 1997)
Deemed (*)
DenmarkAppliesApplies (*)Applies (X)Applies
DjiboutiAppliesAppliesApplies (*)(Y) Deemed (*)
DominicaAppliesApplies (*)Applies (Y) Designated
Dominican RepublicAppliesApplies (*)Applies
(27th January 1987)
Designated
EcuadorAppliesApplies (*)Applies
(18th May 1964)
Designated
EgyptAppliesAppliesApplies (*)(Y) Deemed (*)
El SalvadorAppliesApplies (*)Applies
(29th June 1979)
Designated
Equatorial GuineaAppliesApplies
EstoniaAppliesApplies (*)Applies (X)Applies
Faeroe IslandsAppliesAppliesApplies
(1st February 1962)
Designated
FijiAppliesApplies (*)Applies
(11th April 1972)
Designated
FinlandAppliesApplies (*)Applies (X)Applies
France (including Overseas Departments and Territories)AppliesApplies (*)Applies (X)Applies
GabonAppliesApplies (#)Applies (*)(Y) Deemed
GambiaAppliesAppliesApplies (*)
(23rd October 1996)
Deemed (*)
GeorgiaAppliesApplies (#)Applies (*)
(14th June 2000)
Deemed
GermanyAppliesApplies (*)Applies (X)Applies
GhanaAppliesApplies (*)Applies (*)(Y) Deemed (*)
GibraltarAppliesApplies (*)Applies (X)AppliesDesignated
GreeceAppliesApplies (*)Applies (X)Applies
GreenlandAppliesAppliesApplies
(1st February 1962)
Designated
GrenadaAppliesAppliesApplies (*)
(22nd February 1996)
Deemed (*)
GuatemalaAppliesApplies (*)Applies
(14th January 1977)
Designated
GuineaAppliesApplies (#)Applies (*)(Y) Deemed
Guinea-BissauAppliesAppliesApplies (*)(Y) Deemed (*)
GuyanaAppliesAppliesApplies (*)(Y) Deemed (*)
HaitiAppliesAppliesApplies (*)
(30th January 1996)
Deemed (*)
Holy SeeAppliesApplies
HondurasAppliesApplies (*)Applies
(16th February 1990)
Designated
Hong KongAppliesApplies (*)Applies (X) Deemed (*)
HungaryAppliesApplies (*)Applies (X)Applies
IcelandAppliesApplies (*)Applies (X)AppliesDesignated
IndiaAppliesApplies (*)Applies (*)(Y) Deemed (*)
IndonesiaAppliesApplies (*)Applies (X)AppliesDeemed
IrelandAppliesApplies (*)Applies (X)Applies
Isle of ManAppliesApplies (*)Applies (X)AppliesDesignated
IsraelAppliesApplies (*)Applies (Y) Designated
ItalyAppliesApplies (*)Applies (X)Applies
JamaicaAppliesApplies (*)Applies
(27th January 1994)
Designated
JapanAppliesApplies (*)Applies
(26th October 1989)
Designated
JordanAppliesApplies (#)Applies (*)
(11th April 2000)
Deemed
KazakhstanAppliesApplies (#) Deemed
KenyaAppliesAppliesApplies (*)(Y) Deemed (*)
Korea, Democratic People's Republic ofAppliesApplies
Korea, Republic ofAppliesAppliesApplies (*)(Y) Deemed (*)
KuwaitAppliesAppliesApplies (*)(Y) Deemed (*)
KyrgyzstanAppliesApplies (*)Applies
(20th December 1998)
Designated
Lao People's Democratic RepublicAppliesApplies
LatviaAppliesApplies (*)Applies (X)Applies
LebanonAppliesApplies (*)Applies
(12th August 1997)
Designated
LesothoAppliesApplies (*)Applies
(26th January 1990)
Designated
LiberiaAppliesApplies
Libyan Arab JamahiriyaAppliesApplies
LiechtensteinAppliesApplies (*)Applies (X)AppliesDesignated
LithuaniaAppliesApplies (*)Applies (X)Applies
LuxembourgAppliesApplies (*)Applies (X)Applies
MacaoAppliesAppliesApplies (*)(Y) Deemed (*)
Macedonia, The Former Yugoslav Republic ofAppliesApplies (*)Applies
(2nd March 1998)
Designated
MadagascarAppliesAppliesApplies (*)(Y) Deemed (*)
MalawiAppliesApplies (*)Applies
(22nd June 1989)
Deemed (*)
MalaysiaAppliesApplies (*)Applies (X) Deemed (*)
MaldivesAppliesAppliesApplies (*)(Y) Deemed (*)
MaliAppliesApplies (#)Applies (*)(Y) Deemed
MaltaAppliesApplies (*)Applies (X)Applies
MauritaniaAppliesAppliesApplies (*)(Y) Deemed (*)
MauritiusAppliesAppliesApplies (*)(Y) Deemed (*)
MexicoAppliesApplies (*)Applies
(18th May 1964)
Designated
Micronesia, Federated States ofAppliesApplies
Moldova, Republic ofAppliesApplies (*)Applies
(5th December 1995)
Designated
MonacoAppliesApplies (*)Applies
(6th December 1985)
Designated
MongoliaAppliesApplies (#)Applies (*)
(29th January 1997)
Deemed
MontenegroAppliesApplies (*)Applies
(10th June 2003)
Designated
MoroccoAppliesAppliesApplies (*)(Y) Deemed (*)
MozambiqueAppliesAppliesApplies (*)(Y) Deemed (*)
MyanmarAppliesAppliesApplies (*)(Y) Deemed (*)
NamibiaAppliesAppliesApplies (*)(Y) Deemed (*)
NepalAppliesAppliesApplies (*)
(23rd April 2004)
Deemed (*)
NetherlandsAppliesApplies (*)Applies (X)Applies
Netherlands Antilles and ArubaAppliesAppliesApplies (*)(Y) Deemed
New ZealandAppliesApplies (*)Applies (*)(Y) Deemed (*)
NicaraguaAppliesApplies (*)Applies (Y) Designated
NigerAppliesApplies (*)Applies
(18th May 1964)
Designated
NigeriaAppliesApplies (*)Applies
(29th October 1993)
Designated
NorwayAppliesApplies (*)Applies (X)AppliesDesignated
OmanAppliesAppliesApplies (*)
(9th November 2000)
Deemed
PakistanAppliesApplies (*)Applies (*)(Y) Deemed (*)
PanamaAppliesApplies (*)Applies
(2nd September 1983)
Designated
Papua New GuineaAppliesAppliesApplies (*)
(9th June 1996)
Deemed (*)
ParaguayAppliesApplies (*)Applies
(26th February 1970)
Designated
PeruAppliesApplies (*)Applies
(7th August 1985)
Designated
PhilippinesAppliesApplies (*)Applies
(25th September 1984)
Designated
PolandAppliesApplies (*)Applies (X)Applies
PortugalAppliesApplies (*)Applies (X)Applies
QatarAppliesAppliesApplies (*)
(13th January 1996)
Deemed
RomaniaAppliesApplies (*)Applies (X)Applies
Russian FederationAppliesApplies (*)Applies
(26th May 2003)
Designated
RwandaAppliesAppliesApplies (*)
(22nd May 1996)
Deemed (*)
Saint Kitts and NevisAppliesAppliesApplies (*)
(21st February 1996)
Deemed (*)
Saint LuciaAppliesApplies (*)Applies (Y) Designated
Saint Vincent and the GrenadinesAppliesAppliesApplies (*)(Y) Deemed (*)
SamoaAppliesApplies
Saudi ArabiaAppliesApplies
SenegalAppliesApplies (#)Applies (*)(Y) Deemed
SerbiaAppliesApplies (*)Applies
(10th June 2003)
Designated
Sierra LeoneAppliesAppliesApplies (*)(Y) Deemed (*)
SingaporeAppliesApplies (#)Applies (X)AppliesDeemed
Slovak RepublicAppliesApplies (*)Applies (X)Applies
SloveniaAppliesApplies (*)Applies (X)Applies
Solomon IslandsAppliesAppliesApplies (*)
(26th July 1996)
Deemed (*)
South AfricaAppliesAppliesApplies (*)(Y) Deemed (*)
SpainAppliesApplies (*)Applies (X)Applies
Sri LankaAppliesAppliesApplies (*)(Y) Deemed (*)
SudanAppliesApplies
SurinameAppliesAppliesApplies (*)(Y) Deemed (*)
SwazilandAppliesAppliesApplies (*)(Y) Deemed (*)
SwedenAppliesApplies (*)Applies (X)Applies
SwitzerlandAppliesApplies (*)Applies (X)AppliesDesignated
Syrian Arab RepublicAppliesApplies (*)Applies
(13th May 2006)
Designated
TaiwanAppliesApplies (*)Applies (*)
(1st January 2002)
Deemed (*)
TajikistanAppliesApplies
Tanzania, United Republic ofAppliesAppliesApplies (*)(Y) Deemed (*)
ThailandAppliesApplies (*)Applies (*)(Y) Deemed (*)
TogoAppliesApplies (*)Applies (Y) Designated
TongaAppliesApplies
Trinidad and TobagoAppliesAppliesApplies (*)(Y) Deemed (*)
TunisiaAppliesAppliesApplies (*)(Y) Deemed (*)
TurkeyAppliesApplies (*)Applies (Y) Designated
UgandaAppliesAppliesApplies (*)(Y) Deemed (*)
UkraineAppliesApplies (*)Applies
(12th June 2002)
Designated
United Arab EmiratesAppliesApplies (*)Applies
(10th April 1996)
Designated
United States of America (including Puerto Rico and all territories and possessions)AppliesApplies (#)Applies (*)(Y) Deemed
UruguayAppliesApplies (*)Applies
(4th July 1977)
Designated
UzbekistanAppliesApplies
VenezuelaAppliesApplies (*)Applies (Y) Designated
Viet NamAppliesApplies
ZambiaAppliesAppliesApplies (*)(Y) Deemed (*)
ZimbabweAppliesAppliesApplies (*)(Y) Deemed (*)
NOTES
Initial Commencement
Specified date

Specified date: 6 April 2007: see art 1(1).

EXPLANATORY NOTE

EXPLANATORY NOTE (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 (OJ 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 2006 (SI 2006/316) (“the 2006 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 2006 Order are that certain works originating from Samoa are protected for the first time following its accession to the Berne Convention; the protection of sound recordings, broadcasts and performances originating from the Syrian Arab Republic has been modified following its accession to the Rome Convention; and the protection afforded to sound recordings and performances originating from Benin has been modified following its accession to the WPPT. The entries for Bulgaria and Romania have been revised as a result of their accession to the European Union.

In addition, now that the Act no longer extends to Gibraltar (see the Copyright (Gibraltar) Revocation Order 2006 (SI 2006/1039)), Part 1 has now been applied to Gibraltar. Following Montenegro's Declaration of Independence from Serbia adopted by the National Assembly of Montenegro on 3rd June 2006, Serbia and Montenegro are dealt with separately in this Order.

Intellectual Property Law92 Film & Broadcasting99 EU Internal Market, Economy & Trade94 EU Law Relating to Undertakings94 European Union Law94 Copyrights92 Media & Communications99