The Copyright and Performances (Application to Other Countries) Order 2012
Made: 14th March 2012
Laid before Parliament: 15th March 2012
Coming into force: 6th April 2012
At the Court at Buckingham Palace, the 14th day of March 2012
Present,
The Queen's Most Excellent Majesty in Council
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Introductory
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Application of Part I
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exception relating to literary, dramatic, musical or artistic works
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exceptions and modifications relating to sound recordings
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exceptions relating to wireless broadcasts
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Application of Part II
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exceptions to application of Part II
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Savings
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE — APPLICATION OF PARTS I AND II
| Country | Article 2(2) (sound recordings) | Article 2(3) (wireless broadcasts) | Article 2(4) (other broadcasts) | Article 6 (performances) |
|---|---|---|---|---|
| Albania | Applies (+) | Applies (1st September 2000) | Designated | |
| Algeria | Applies (+) | Applies (22nd April 2007) | Designated(*) | |
| Andorra | Applies (+) | Applies (25th May 2004) | Designated | |
| Angola | Applies | Applies (-) (23rd November 1996) | Deemed (-) | |
| Antigua and Barbuda | Applies | Applies (-) (Y) | Deemed (-) | |
| Argentina | Applies (+) | Applies (2nd March 1992) | Designated | |
| Armenia | Applies (+) | Applies (31st January 2003) | Designated | |
| Australia (including Norfolk Island) | Applies (+) | Applies (30th September 1992) | Designated(*)(#) | |
| Austria | Applies (+) | Applies (X) | Applies | |
| Azerbaijan | Applies (+) | Applies (5th October 2005) | Designated | |
| Bahamas | Applies | |||
| Bahrain | Applies (+) | Applies (Y) | Designated | |
| Bangladesh | Applies (+) | Applies (-) (Y) | Deemed (-) | |
| Barbados | Applies (+) | Applies (18th September 1983) | Designated | |
| Belarus | Applies (+) | Applies (27th May 2003) | Designated(*) | |
| Belgium | Applies (+) | Applies (X) | Applies | |
| Belize | Applies | Applies (-) (Y) | Deemed (-) | |
| Benin | Applies (-) | Applies (+) (22nd February 1996) | Deemed | |
| Bermuda | Applies | Applies (6th August 1962) | Applies | Designated |
| Bhutan | Applies | |||
| Bolivia | Applies (+) | Applies (24th November 1993) | Designated | |
| Bosnia and Herzegovina | Applies(+) | Applies (19th May 2009) | Designated | |
| Botswana | Applies (-) | Applies (-) (Y) | Deemed | |
| Brazil | Applies (+) | Applies (29th September 1965) | Designated | |
| Brunei Darussalam | Applies | Applies (-) (Y) | Deemed (-) | |
| Bulgaria | Applies (+) | Applies (X) | Applies | |
| Burkina Faso | Applies (+) | Applies (14th January 1988) | Designated | |
| Burundi | Applies | Applies (-) (Y) | Deemed (-) | |
| Cambodia | Applies | Applies (-) (13th October 2004) | Deemed (-) | |
| Cameroon | Applies | Applies (-) (Y) | Deemed (-) | |
| Canada | Applies (+) | Applies (Y) | Designated(*) | |
| Cape Verde | Applies (+) | Applies (3rd July 1997) | Designated | |
| Central African Republic | Applies | Applies (-) (Y) | Deemed (-) | |
| Chad | Applies | Applies (-) (19th October 1996) | Deemed (-) | |
| Chile | Applies (+) | Applies (5th September 1974) | Designated(#) | |
| China | Applies(-) | Applies (-) (11th December 2001) | Deemed(#) | |
| Colombia | Applies (+) | Applies (17th September 1976) | Designated | |
| Comoros | Applies | |||
| Congo | Applies (+) | Applies (18th May 1964) | Designated(*) | |
| Costa Rica | Applies (+) | Applies (9th September 1971) | Designated(#) | |
| Cote d’Ivoire | Applies | Applies (-) (Y) | Deemed (-) | |
| Croatia | Applies (+) | Applies (20th April 2000) | Designated | |
| Cuba | Applies | Applies (-) (Y) | Deemed (-) | |
| Cyprus | Applies (+) | Applies (X) | Applies | |
| Czech Republic | Applies (+) | Applies (X) | Applies | |
| Democratic Republic of the Congo | Applies | Applies (-) (1st January 1997) | Deemed (-) | |
| Denmark | Applies (+) | Applies (X) | Applies | |
| Djibouti | Applies | Applies (-) (Y) | Deemed (-) | |
| Dominica | Applies (+) | Applies (Y) | Designated | |
| Dominican Republic | Applies (+) | Applies (27th January 1987) | Designated | |
| Ecuador | Applies (+) | Applies (18th May 1964) | Designated | |
| Egypt | Applies | Applies (-) (Y) | Deemed (-) | |
| El Salvador | Applies (+) | Applies (29th June 1979) | Designated | |
| Equatorial Guinea | Applies | |||
| Estonia | Applies (+) | Applies (X) | Applies | |
| Faeroe Islands | Applies | Applies (1st February 1962) | Designated | |
| Fiji | Applies (+) | Applies (11th April 1972) | Designated(*) | |
| Finland | Applies (+) | Applies (X) | Applies | |
| France (including Overseas Departments and Territories) | Applies (+) | Applies (X) | Applies | |
| Gabon | Applies (-) | Applies (-) (Y) | Deemed | |
| Gambia | Applies | Applies (-) (23rd October 1996) | Deemed (-) | |
| Georgia | Applies (+) | Applies (14th August 2004) | Designated | |
| Germany | Applies (+) | Applies (X) | Applies | |
| Ghana | Applies (+) | Applies (-) (Y) | Deemed (-) | |
| Gibraltar | Applies (+) | Applies (X) | Applies | Designated |
| Greece | Applies (+) | Applies (X) | Applies | |
| Greenland | Applies | Applies (1st February 1962) | Designated | |
| Grenada | Applies | Applies (-) (22nd February 1996) | Deemed (-) | |
| Guatemala | Applies (+) | Applies (14th January 1977) | Designated | |
| Guinea | Applies (-) | Applies (-) (Y) | Deemed | |
| Guinea-Bissau | Applies | Applies (-) (Y) | Deemed (-) | |
| Guyana | Applies | Applies (-) (Y) | Deemed (-) | |
| Haiti | Applies | Applies (-) (30th January 1996) | Deemed (-) | |
| Holy See | Applies | |||
| Honduras | Applies (+) | Applies (16th February 1990) | Designated | |
| Hong Kong | Applies (+) | Applies (X) | Deemed (-) | |
| Hungary | Applies (+) | Applies (X) | Applies | |
| Iceland | Applies (+) | Applies (X) | Applies | Designated(*) |
| India | Applies (+) | Applies (-) (Y) | Deemed (-) | |
| Indonesia | Applies (+) | Applies (X) | Applies | Deemed |
| Ireland | Applies (+) | Applies (X) | Applies | |
| Isle of Man | Applies (+) | Applies (X) | Applies | Designated |
| Israel | Applies (+) | Applies (Y) | Designated(*) | |
| Italy | Applies (+) | Applies (X) | Applies | |
| Jamaica | Applies (+) | Applies (27th January 1994) | Designated | |
| Japan | Applies (+) | Applies (26th October 1989) | Designated(*) | |
| Jordan | Applies (-) | Applies (-) (11th April 2000) | Deemed | |
| Kazakhstan | Applies (-) | Deemed | ||
| Kenya | Applies | Applies (-) (Y) | Deemed (-) | |
| Korea, Democratic People’s Republic of | Applies | |||
| Korea, Republic of | Applies(+) | Applies (18th March 2009) | Designated(#) | |
| Kuwait | Applies | Applies (-) (Y) | Deemed (-) | |
| Kyrgyzstan | Applies (+) | Applies (20th December 1998) | Designated | |
| Lao People’s Democratic Republic | Applies | |||
| Latvia | Applies (+) | Applies (X) | Applies | |
| Lebanon | Applies (+) | Applies (12th August 1997) | Designated | |
| Lesotho | Applies (+) | Applies (26th January 1990) | Designated | |
| Liberia | Applies(+) | Applies (16th December 2005) | Designated | |
| Libyan Arab Jamahiriya | Applies | |||
| Liechtenstein | Applies (+) | Applies (X) | Applies | Designated(*) |
| Lithuania | Applies (+) | Applies (X) | Applies | |
| Luxembourg | Applies (+) | Applies (X) | Applies | |
| Macao | Applies | Applies (-) (Y) | Deemed (-) | |
| Macedonia, The Former Yugoslav Republic of | Applies (+) | Applies (2nd March 1998) | Designated(*)(#) | |
| Madagascar | Applies | Applies (-) (Y) | Deemed (-) | |
| Malawi | Applies (+) | Applies (22nd June 1989) | Deemed (-) | |
| Malaysia | Applies (+) | Applies (X) | Deemed (-) | |
| Maldives | Applies | Applies (-) (Y) | Deemed (-) | |
| Mali | Applies (-) | Applies (-) (Y) | Deemed | |
| Malta | Applies (+) | Applies (X) | Applies | |
| Mauritania | Applies | Applies (-) (Y) | Deemed (-) | |
| Mauritius | Applies | Applies (-) (Y) | Deemed (-) | |
| Mexico | Applies (+) | Applies (18th May 1964) | Designated | |
| Micronesia, Federated States of | Applies | |||
| Moldova, Republic of | Applies (+) | Applies (5th December 1995) | Designated(*) | |
| Monaco | Applies (+) | Applies (6th December 1985) | Designated(*) | |
| Mongolia | Applies (-) | Applies (-) (29th January 1997) | Deemed | |
| Montenegro | Applies (+) | Applies (10th June 2003) | Designated | |
| Morocco | Applies (-) | Applies (-) (Y) | Deemed | |
| Mozambique | Applies | Applies (-) (Y) | Deemed (-) | |
| Myanmar | Applies | Applies (-) (Y) | Deemed (-) | |
| Namibia | Applies | Applies (-) (Y) | Deemed (-) | |
| Nepal | Applies | Applies (-) (23rd April 2004) | Deemed (-) | |
| Netherlands | Applies (+) | Applies (X) | Applies | |
| Netherlands Antilles, Curacao, Sint Maarten and Aruba | Applies | Applies (-) (Y) | Deemed | |
| New Zealand | Applies (+) | Applies (-) (Y) | Deemed (-) | |
| Nicaragua | Applies (+) | Applies (Y) | Designated | |
| Niger | Applies (+) | Applies (18th May 1964) | Designated(*) | |
| Nigeria | Applies (+) | Applies (29th October 1993) | Designated(*) | |
| Norway | Applies (+) | Applies (X) | Applies | Designated |
| Oman | Applies | Applies (-) (9th November 2000) | Deemed | |
| Pakistan | Applies (+) | Applies (-) (Y) | Deemed (-) | |
| Panama | Applies (+) | Applies (2nd September 1983) | Designated | |
| Papua New Guinea | Applies | Applies (-) (9th June 1996) | Deemed (-) | |
| Paraguay | Applies (+) | Applies (26th February 1970) | Designated | |
| Peru | Applies (+) | Applies (7th August 1985) | Designated | |
| Philippines | Applies (+) | Applies (25th September 1984) | Designated | |
| Poland | Applies (+) | Applies (X) | Applies | |
| Portugal | Applies (+) | Applies (X) | Applies | |
| Qatar | Applies | Applies (-) (13th January 1996) | Deemed | |
| Romania | Applies (+) | Applies (X) | Applies | |
| Russian Federation | Applies (+) | Applies (26th May 2003) | Designated(*) | |
| Rwanda | Applies | Applies (-) (22nd May 1996) | Deemed (-) | |
| Saint Kitts and Nevis | Applies | Applies (-) (21st February 1996) | Deemed (-) | |
| Saint Lucia | Applies (+) | Applies (Y) | Designated(*) | |
| Saint Vincent and the Grenadines | Applies (-) | Applies (-) (Y) | Deemed | |
| Samoa | Applies | |||
| Saudi Arabia | Applies | Applies (-) (11th December 2005) | Deemed (-) | |
| Senegal | Applies (-) | Applies (+)(Y) | Deemed | |
| Serbia | Applies (+) | Applies (10th June 2003) | Designated | |
| Sierra Leone | Applies | Applies (-) (Y) | Deemed (-) | |
| Singapore | Applies (-) | Applies (X) | Applies | Deemed(#) |
| Slovak Republic | Applies (+) | Applies (X) | Applies | |
| Slovenia | Applies (+) | Applies (X) | Applies | |
| Solomon Islands | Applies | Applies (-) (26th July 1996) | Deemed (-) | |
| South Africa | Applies | Applies (-) (Y) | Deemed (-) | |
| Spain | Applies (+) | Applies (X) | Applies | |
| Sri Lanka | Applies | Applies (-) (Y) | Deemed (-) | |
| Sudan | Applies | |||
| Suriname | Applies | Applies (-) (Y) | Deemed (-) | |
| Swaziland | Applies | Applies (-) (Y) | Deemed (-) | |
| Sweden | Applies (+) | Applies (X) | Applies | |
| Switzerland | Applies (+) | Applies (X) | Applies | Designated(*) |
| Syrian Arab Republic | Applies (+) | Applies (13th May 2006) | Designated | |
| Taiwan | Applies (+) | Applies (-) (1st January 2002) | Deemed (-) | |
| Tajikistan | Applies(+) | Applies (19th May 2008) | Designated | |
| Tanzania, United Republic of | Applies | Applies (+)(Y) | Deemed (-) | |
| Thailand | Applies (+) | Applies (-) (Y) | Deemed (-) | |
| Togo | Applies (+) | Applies (Y) | Designated | |
| Tonga | Applies | Applies (-) (27th July 2007) | Deemed (-) | |
| Trinidad and Tobago | Applies (-) | Applies (-) (Y) | Deemed | |
| Tunisia | Applies | Applies (-) (Y) | Deemed (-) | |
| Turkey | Applies (+) | Applies (Y) | Designated | |
| Uganda | Applies | Applies (-) (Y) | Deemed (-) | |
| Ukraine | Applies (+) | Applies (12th June 2002) | Designated | |
| United Arab Emirates | Applies (+) | Applies (10th April 1996) | Designated | |
| United States of America (including Puerto Rico and all territories and possessions) | Applies (-) | Applies (-) (Y) | Deemed(#) | |
| Uruguay | Applies (+) | Applies (4th July 1977) | Designated | |
| Uzbekistan | Applies | |||
| Venezuela | Applies (+) | Applies (Y) | Designated | |
| Vietnam | Applies (+) | Applies (1st March 2007) | Designated(*) | |
| Yemen | Applies | |||
| Zambia | Applies | Applies (-) (Y) | Deemed (-) | |
| Zimbabwe | Applies | Applies (-) (Y) | Deemed (-) |
Signed
Richard Tilbrook — Clerk of the Privy Council
Explanatory note
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Footnotes
[^f00001]: 1988 c.48.
[^f00002]: Section 159 was amended by regulation 2(2) of, and Schedule 2 to, the Copyright and Related Rights Regulations 2003 S.I. 2003/2498.
[^f00003]: 1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 c. 51, section 27(1) and by section 3(3) of, and the Schedule to, the European Union (Amendment) Act 2008 c.7 which were brought into force on 1st December 2009 by the European Union (Amendment) Act 2008 (Commencement No. 1) Order 2009 S.I. 2009/3143.
[^f00004]: Cm. 1212.
[^f00005]: Cmnd. 2425.
[^f00006]: Cm. 3728.
[^f00007]: Cm. 3044-6, 3077-80, 3263-5, 3268-9, 3271, 3275-7 and 3282. The Agreement on Trade-Related Aspects of Intellectual Property Rights is published in Cm. 3046.
[^f00008]: S.I. 2008/677.
[^f00009]: S.1. 2009/2745.
[^f00010]: Section 154 of the Act was amended by regulation 5(3) of the Duration of Copyright and Rights in Performances Regulations 1995 S.I. 1995/3297, by section 2(3) of the British Overseas Territories Act 2002 c.8, and by regulation 2(2) of, and Schedule 2 to, the Copyright and Related Rights Regulations 2003.
[^f00011]: Section 18A of the Act was inserted by regulation 10(2) of the Copyright and Related Rights Regulations 1996 S.I. 1996/2967 and it was subsequently amended by regulation 2(1) of, and paragraph 6(2) of Schedule 1 to, the Copyright and Related Rights Regulations 2003.
[^f00012]: 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.
[^f00013]: Section 20 of the Act was substituted by regulation 6(1) of the Copyright and Related Rights Regulations 2003.
[^f00014]: 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.
[^f00015]: Section 180(2) of the Act was amended by regulation 2(2) of, and Schedule 2 to, the Copyright and Related Rights Regulations 2003.
[^f00016]: Section 182C of the Act was inserted by regulation 20(2) of the Copyright and Related Rights Regulations 1996 and was subsequently amended by regulation 2(1) of, and paragraph 6(2) of Schedule 1 to, the Copyright and Related Rights Regulations 2003 and regulation 2 of, and paragraph 8 of the Schedule to, the Performances (Moral Rights, etc) Regulations 2006 S.I. 2006/18.
[^f00017]: Section 183 of the Act was amended by regulation 2(1) of, and paragraph 13(1)(a) of Schedule 1 to, the Copyright and Related Rights Regulations 2003.
[^f00018]: Section 185 of the Act was amended by regulation 2 of, and paragraph 8 of the Schedule to, the Performances (Moral Rights, etc) Regulations 2006; section 186 of the Act was amended by regulation 2(2) of, and Schedule 2 to, the Copyright and Related Rights Regulations 2003; section 187 of the Act was amended by regulation 2(1) of, and paragraph 13(1)(b) of Schedule 1 to, the Copyright and Related Rights Regulations 2003.
[^f00019]: Section 198(2) of the Act was amended by regulation 2(1) of, and paragraph 4(5) of the Schedule to, the Copyright and Related Rights Regulations 2003 and by regulation 2 of, and paragraph 8 of the Schedule to, the Copyright and Related Rights Regulations 2006.
[^f00020]: Section 182CA of the Act was inserted by regulation 7(1) of the Copyright and Related Rights Regulations 2003 and was subsequently amended by regulation 2 of, and paragraph 8 of the Schedule to, the Performances (Moral Rights, etc) Regulations 2006.
[^f00021]: Section 182D of the Act was inserted by regulation 20(2) of the Copyright and Related Rights Regulations 1996 and was subsequently amended by regulation 7(2) of the Copyright and Related Regulations 2003 and regulation 2 of, and paragraph 3 of the Schedule to, the Performances (Moral Rights, etc) Regulations 2006.
[^f00022]: Section 198(1A) of the Act was inserted by regulation 26(3) of the Copyright and Related Rights Regulations 2003.
Editorial notes
[^key-e0c1f8de7448a542e1321af0a6529b3b]: Order revoked (6.4.2013) by The Copyright and Performances (Application to Other Countries) Order 2013 (S.I. 2013/536), art. 1(1)(3) (with art. 8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.
This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence.
legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.