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The Copyright (Application to Other Countries) Order 1993

Type Statutory-Instrument
Publication 1993-03-31
State In force
Department Queen's Printer of Acts of Parliament
Source legislation.gov.uk
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articles 5
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Made: 31st March 1993

Laid before Parliament: 13th April 1993

Coming into force: 4th May 1993

At the Court at Buckingham Palace, the 31st day of March 1993 Present, The Queen’s Most Excellent Majesty in Council

Now, therefore, Her Majesty, by and with the advice of Her Privy Council, and by virtue of the authority conferred upon Her by section 159 of the said Act, is pleased to order, and it is hereby ordered as follows:—

1

2

but subject to paragraph (2) and article 5 below.

and for the purposes of sub-paragraph (a)(ii) of this paragraph, a “relevant person” is a Commonwealth citizen, a British protected person, a citizen or subject of any country specified in Schedule 1 to this Order, or a person resident or domiciled in the United Kingdom, another country to which the relevant provisions of Part I of the Act extend or (subject to article 5 below) a country specified in Schedule I to this Order.

and subject also to articles 5 and 7 below.

3

In relation to sound recordings, article 2 above shall apply as it applies in relation to films, subject to the following modifications—

4

but subject to paragraphs (2) and (3) and article 5 below.

and subject also to article 7 below.

5

Schedule 4 to this Order shall have effect so as to modify the application of this Order in respect of certain countries.

6

Nothing in this Order shall be taken to derogate from the effect of paragraph 35 of Schedule 1 to the Act (continuation of existing qualification for copyright protection).

7

but copyright subsequently subsists in it by virtue of article 2(1), 3 or 4(1) above.

8

The Orders listed in Schedule 5 to this Order are hereby revoked.

SCHEDULE 1 — COUNTRIES ENJOYING PROTECTION IN RESPECT OF ALL WORKS EXCEPT BROADCASTS AND CABLE PROGRAMMES

(The countries specified in this Schedule either are parties to the Berne Copyright Convention and/or the Universal Copyright Convention or otherwise give adequate protection under their law.)

SCHEDULE 2 — COUNTRIES ENJOYING FULL PROTECTION FOR SOUND RECORDINGS

(The countries specified in this Schedule either are parties to the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations or otherwise give adequate protection under their law.)

SCHEDULE 3 — COUNTRIES ENJOYING PROTECTION IN RESPECT OF BROADCASTS

(The countries specified in this Schedule either are parties to the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations and/or the European Agreement on the Protection of Television Broadcasts or otherwise give adequate protection under their law.)

SCHEDULE 4 — MODIFICATIONS

1

In respect of Indonesia, article 2(1)(a) above as applied by article 3(b) above shall apply as if the reference to persons domiciled in Indonesia were omitted.

2

In respect of Singapore—

3

In respect of the territory of Taiwan—

SCHEDULE 5 — ORDERS IN COUNCIL REVOKED

Number Title
S.I. 1989/1293 The Copyright (Application to Other Countries) (No. 2) Order 1989
S.I. 1989/2415 The Copyright (Application to Other Countries) (No. 2) (Amendment) Order 1989
S.I. 1990/2153 The Copyright (Application to Other Countries) (No. 2) (Amendment) Order 1990

Signed

N. H. Nicholls — Clerk of the Privy Council — 31st March 1993

Explanatory note

(This note is not part of the Order)

This Order applies or continues to apply the provisions of Part I of, and Schedule 1 to, the Copyright, Designs and Patents Act 1988 to works of different types originating in the countries specified in the Schedules to the Order, with the effect that those works receive or continue to receive copyright protection in the United Kingdom. The Order revokes and replaces the Copyright (Application to Other Countries) (No. 2) Order 1989 and its amending Orders (article 8).

Article 2 provides protection for literary, dramatic, musical and artistic works, films and published editions originating in any country in Schedule 1. All of those countries are either parties to the Berne Copyright Convention (Cmnd. 5002), the Universal Copyright Convention (Cmnd. 4905) or both; or otherwise give adequate protection under their laws; the countries in respect of which a date is specified are countries whose works do not enjoy copyright protection in the United Kingdom where published in those countries before that date. Protection is excluded for literary, dramatic, musical and artistic works first published in a non-Schedule country before 1st June 1957 or, if the author was not a qualifying person at the time of publication, before 1st August 1989. Typeface designs are excluded.

Article 3 provides protection for sound recordings originating in any country in Schedule 1 or Indonesia. The protection extends to playing in public or broadcasting only if the country of origin of the recording is in Schedule 2 (parties to the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Cmnd. 2425) and countries otherwise giving adequate protection).

Article 4 provides protection for broadcasts originating in any country in Schedule 3. These countries are parties either to the Rome Convention or to the European Agreement on the Protection of Television Broadcasts (Cmnd. 1163) or otherwise give adequate protection under their laws. Protection does not extend to broadcasts made before the specified dates. The protection for Singapore also covers cable programmes.

Article 5 modifies the Order in respect of Indonesia, Singapore and the territory of Taiwan.

Article 6 preserves existing qualifications and article 7 preserves contrary acquired rights.

This Order takes account of—

giving adequate protection to owners of copyright in such works under Part I of the Copyright, Designs and Patents Act 1988; and

Footnotes

[^f00001]: 1988 c. 48.

[^f00002]: 1956 c. 74.

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