Insights Copyright and Performances (Application to Other Countries) (Amendment) Order 2023 laid before Parliament


The UK has agreed free trade agreements (FTAs) with Australia and New Zealand. The intellectual property chapters of these agreements require the UK to accord nationals of Australia and New Zealand the same rights accorded to UK nationals in respect of their IP rights, subject to certain specified exceptions.

While UK copyright law already largely achieves this, there are minor exceptions in the case of rights in broadcasts. Broadcasts transmitted by wired means originating in Australia or New Zealand do not currently enjoy protection in the UK, while wireless broadcasts from New Zealand receive only limited protection. In advance of the Australia and New Zealand FTAs coming into force this statutory instrument extends rights to ensure that nationals of Australia and New Zealand have full protection in the UK for their broadcasts. This is achieved by adding Australia and New Zealand to the list of countries in Article 8(1) of the Copyright and Performance (Application to Other Countries) Order 2016, which sets out the specific countries eligible for protection of non-wireless broadcasts in the UK. Given that New Zealand is not party to the Rome Convention, the legislation also adds New Zealand to the list of countries in Article 8(2) of the 2016 Order, which specifies countries from which wireless broadcasts are eligible for protection.

Additionally, through the UK’s membership of multilateral treaties on copyright and related rights, the UK is required to protect works and performances originating in other member countries. This statutory instrument updates the UK legislation that fulfils these obligations to extend protection to Uganda, which recently acceded to the WIPO (World Intellectual Property Organization) Performance and Phonograms Treaty (WPPT).

The new legislation will come into force on 15 April 2023. To access the legislation, click here.