September 27, 2021
Part 1 of the Copyright, Designs and Patents Act 1988 confers the protection of copyright on the creators of certain works. It applies to works originating from certain countries and is applied by the Copyright and Performances (Application to Other Countries) Order 2016 to works originating from certain other countries. Part 2 of the Act confers the protection of rights on performers and persons having recording rights in relation to a performance. It applies to performances connected with certain countries and is also applied by the 2016 Order to performances connected with certain other countries.
The 2021 Order amends the 2016 Order to provide for the application of Part 1 protections both to wired and wireless broadcasts relating to an EU state, in each case in the manner set out in relevant provisions of amended Article 8 of the 2016 Order.
The 2021 Order also inserts a new provision into the 2016 Order to apply the Part 2 protections to Malta. It also amends the 2016 Order to provide for the application of Part 1 protections to sound recordings relating to Malta and Singapore. These changes implement obligations to which the UK is subject under its trade agreements with other countries.
The 2021 Order amends the list in the 2016 Order of countries which are not parties to the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, but have become parties to the World Intellectual Property Organisation Performance and Phonograms Treaty (WPPT) to which certain Part 2 protections apply in accordance with Article 11 of the 2016 Order. These changes implement the UK’s obligations to protect performances connected with WPPT countries.
The 2021 Order came into force on 26 June 2021.
The IPO has amended its Guidance on “UK copyright protection for foreign works and nationals” to reflect the entry into force of the new legislation. To access the legislation, click here. To access the IPO Guidance, click here.