Copyright (International Conventions) Order 1979

UNITED KINGDOM STATUTORY INSTRUMENT

SI 1979 No. 1715

[made by Her Majesty-in-Council under the Copyright Act 1956, and brought into operation on 24 January 1980 and also published in Bermuda as GN 54/1980]

THE COPYRIGHT (INTERNATIONAL CONVENTIONS)
ORDER 1979

PART I

Citation, Commencement and Interpretation

1 This Order may be cited as the Copyright (International Conven tions) Order 1979, and shall come into operation on 24th January, 1980.

2 In this Order—

"the Act" means the Copyright Act 1956; and

"material time" means—

(i) in relation to an unpublished work or subject-mat ter, the time at which such work or subject-matter was made, or, if the making thereof extended over a period, a substantial part of that period;

(ii) in relation to a published work or subject-matter, the time of first publication.

PART II

Protection for Literary, Dramatic, Musical and Artistic Works, Sound Recordings, Cinematograph Films and Published Editions

3 Subject to the following provisions of this Order, the provisions of Parts I and II of the Act (except section 14) and all the other provisions of the Act relevant to those Parts shall in the case of any country men tioned in Schedules 1 or 2 hereto apply—

(a) in relation to literary, dramatic, musical or artistic works, sound recordings, cinematograph films or pub lished editions first published in that country, as they apply to such works, recordings, films or editions first published in the United Kingdom;

(b) in relation to persons who at any material time are citi zens or subjects of, or domiciled or resident in, that country, as they apply to persons who at such time are British subjects or domiciled or resident in the United Kingdom; and

(c) in relation to bodies incorporated under the laws of that country, as they apply to bodies incorporated under the laws of any part of the United Kingdom.

4 (1) Subject to the following provisions of this Article, the rele vant provisions of Schedule 7 to the Act shall have effect in relation to any work or other subject-matter in which copyright subsists by virtue of this Part of this Order as if for any references therein to the commence ment of the Act or any of its provisions or to the date of the repeal of any provision of the Copyright Act 1911 or of any other enactment there were substituted references to 27th September, 1957 (being the date on which the Copyright (International Conventions) Order 1957 came into opera tion).

(2) Subject to the following provisions of this Article, in the case of any country mentioned in Schedule 2 hereto in relation to which a date is specified in that Schedule —

(a) paragraph (1) of this Article shall have effect as if for the reference to 27th September, 1957 there were substi tuted that date (if different); and

(b) copyright shall not subsist by virtue of this Part of this Order in any work or other subject-matter by reason
only of its publication in such a country before the date so specified.

(3) This Article shall not apply —

(a) in the case of Ghana, Kenya, Malawi, Mauritius, Nigeria or Zambia; or

(b) to any work or subject-matter first published in the United States of America if immediately before 27th September, 1957 copyright under the Copyright Act 1911 subsisted in such work or subject-matter by virtue of either an Order in Council dated 9th February, 1920 regulating copyright relations with the United States of America or the Copyright (United States of America) Or der 1942.

5 The acts restricted by section 12 of the Act as applied by this Part of this Order shall not include —

(a) causing the recording to be heard in public; or

(b) broadcasting the recording, except in the case of the countries mentioned in Schedule 3 to this Order.

6 Where any person has before the commencement of this Order incurred any expenditure or liability in connection with the reproduction or performance of any work or other subject-matter in a manner which at the time was lawful, or for the purpose of or with a view to the repro duction or performance of a work at a time when such reproduction or performance would, but for the making of this Order, have been lawful, nothing in this Part of this Order shall diminish or prejudice any right or interest arising from or in connection with such action which is subsist ing and valuable immediately before the commencement of this Order unless the person who by virtue of this Part of this Order becomes enti tled to restrain such reproduction or performance agrees to pay such compensation as, failing agreement, may be determined by arbitration.

7 Nothing in the provisions of the Act as applied by this Part of this Order shall be construed as reviving any right to make, or restrain the making of, or any right in respect of, translations, if such right has ceased before the commencement of this Order.

PART III

Protection in respect of Broadcasts

8 The provisions of section 14 of the Act, so far as they relate to sound broadcasts and all the other provisions of the Act relevant thereto other than section 40(3), shall apply, in the case of each of the countries mentioned in Schedule 4 to this Order, in relation to sound broadcasts made from places in any such country by an organization constituted in, or under the laws of, the country in which the broadcast is made as they apply in relation to sound broadcasts made from places in the United Kingdom by the British Broadcasting Corporation; so, however, that paragraphs 17 and 18 of Schedule 7 to the Act shall have effect as if for the references therein to the commencement of section 14 there were substituted references to the relevant date set out in the said Schedule 4 (being the date on which the provisions of section 14 of the Act so far as they relate to sound broadcasts were first applied in the case of that country).

9 The provisions of section 14 of the Act, so far as they relate to television broadcasts, and all the other provisions of the Act relevant thereto, other than section 37(4), section 40(3) and Schedule 5, shall ap ply, in the case of each of the countries mentioned in Schedule 5 to this Order, in relation to television broadcasts made from places in any such country by an organization constituted in, or under the laws of, the country in which the broadcast was made as they apply in relation to television broadcasts made from places in the United Kingdom by the British Broadcasting Corporation or the Independent Broadcasting Au thority; so, however that —

(a) section 24(3) (a) of the Act shall have effect as if for the reference to the Corporation or the Authority or any or ganization appointed by them there were substituted a reference to any owner or prospective owner of copyright in television broadcasts; and

(b) paragraphs 17 and 18 of Schedule 7 to the Act shall have effect as if for the references therein to the com mencement of section 14 there were substituted refer ences to the relevant date set out in Schedule 5 to this Order (being the date on which the provisions of section 14 of the Act so far as they relate to television broad casts were first applied in the case of that country).

PART IV

Extensions and Revocations

10 Parts I and II of this Order shall extend to the countries men tioned in Schedule 6 to this Order subject to the modifications men tioned in that Schedule and Part III shall extend to Gibraltar and Bermuda subject to the modifications mentioned in Schedule 7 to this Order.

11 The Orders mentioned in Schedule 8 to this order are hereby re voked in so far as they form part of the law of the United Kingdom or any country mentioned in Schedule 6 to this Order.

SCHEDULE 1

Countries of the Berne Copyright Union

(The countries indicated with an asterisk are also party to the Universal Copyright Convention)

Arab Republic of Egypt

Argentina*

Australia* (and Nor folk Island)

Austria *

Bahamas*

Belgium*

Benin

Brazil*

Bulgaria*

Cameroon*

Canada*

Central African Em pire

Chad

Chile*

Congo (People's Re public)

Costa Rica*

Cyprus

Czechoslovakia*

Denmark*

Fiji*

Finland*

France (and French territories over seas)*

Gabon

German Democratic Republic (and Berlin (East) ) *

Federal Republic of Germany (and Berlin (West) ) *

Greece*

Guinea, Republic of

Hungary*

Iceland*

India*

Republic of Ireland*

Israel*

Italy*

Ivory Coast

Japan*

Lebanon*

Libya

Liechtenstein*

Luxembourg*

Madagascar

Mali

Malta*

Mauritania

Mexico*

Monaco*

Morocco*

Netherlands* (and Netherlands Antilles)

New Zealand*

Niger

Norway*

Pakistan*

Philippines*

Poland*

Portugal* (including Portuguese provinces over seas)

Romania

Senegal*

South Africa (and South West Africa)

Spain* (and its Colonies)

Sri Lanka

Surinam

Sweden*

Switzerland*

Thailand

Togo

Tunisia*

Turkey

Upper Volta

Uruguay

Vatican City*

Yugoslavia*

Zaire

SCHEDULE 2

Countries party to the Universal Copyright Convention but not Members of the Berne Union

Algeria 31st October 1973

Andorra 27th September 1957

Bangladesh 5th August 1975

Colombia 18th June 1976

Cuba 27th September 1957

Ecuador 27th September 1957

El Salvador 21st June 1979

Ghana [blank]

Guatemala 28th October 1964

Haiti 27th September 1957

Kampuchea 27th September 1957

Kenya [blank]

Laos 27th September 1957

Liberia 27th September 1957

Malawi [blank]

Mauritius [blank]

Nicaragua 16th August 1961

Nigeria [blank]

Panama 17th October 1962

Paraguay 11th March 1962

Peru 16th October 1963

Union of Soviet Socialist Republics: 27th May 1973

United States of America (and Guam, Panama Canal Zone, Puerto Rico and the Virgin Islands of the United States of America: 27th September 1957

Venezuela 18th November 1966

Zambia [blank]

SCHEDULE 3

Countries in whose case Copyright in Sound Recording includes Exclu sive Right to Perform in Public and to Broadcast

SCHEDULE 4

Countries whose Organizations are Protected in Relation to Sound Broadcasts

Austria 17th July 1973

Brazil 5th November 1965 [see Schedule 7 as to Bermuda]

Chile 5th September 1974

Colombia 17th September 1976

Congo (People's Republic) 21st May 1964 [see Schedule 7 as to Bermuda]

Costa Rica 19th November 1971

Czechoslovakia 14th August 1964 [see Schedule 7 as to Bermuda]

Denmark 1st July 1965 [see Schedule 7 as to Bermuda]

Ecuador 21st May 1964 [see Schedule 7 as to Bermuda]

El Salvador 24th January 1980

Federal Republic of Germany
(and Berlin (West)) 18th November 1966 [see Schedule 7 as to Bermuda]

Fiji 31st May 1972

Guatemala 14th January 1977

Republic of Ireland 24th January 1980

Italy 8th April 1975

Luxembourg 18th March 1976

Mexico 21st May 1964 [see Schedule 7 as to Bermuda]

Niger 21st May 1964 [see Schedule 7 as to Bermuda]

Norway 23rd August 1978

Paraguay 26th February 1970

Sweden 21st May 1964 [see Schedule 7 as to Bermuda]

Uruguay 24th August 1977

SCHEDULE 5

Countries whose Organizations are Protected in Relation to Television Broadcasts

Austria 17th July 1973

Belgium 8th March 1968 [see Schedule 7 as to Bermuda]

Brazil 5th November 1965 [see Schedule 7 as to Bermuda]

Chile 5th September 1974

Colombia 17th September 1976

Congo (People's Republic) 21st May 1964 [see Schedule 7 as to Bermuda]

Costa Rica 19th November 1971

Cyprus 5th May 1970 [see Schedule 7 as to Bermuda]

Czechoslovakia 14th August 1964 [see Schedule 7 as to Bermuda]

Denmark 1st February 1962 [see Schedule 7 as to Bermuda]

Ecuador 21st May 1964 [see Schedule 7 as to Bermuda]

El Salvador 24th January 1980

Federal Republic of Germany
(and Berlin (West)) 18th November 1966 [see Schedule 7 as to Bermuda]

Fiji 31st May 1972

France 1st July 1961 [see Schedule 7 as to Bermuda]

Guatemala 14th January 1977

Republic of Ireland 24th January 1980

Italy 8th April 1975

Luxembourg 18th March 1976

Mexico 21st May 1964 [see Schedule 7 as to Bermuda]

Niger 21st May 1964 [see Schedule 7 as to Bermuda]

Norway 23rd August 1978 [see Schedule 7 as to Bermuda]

Paraguay 26th February 1970

Spain 19th November 1971 [see Schedule 7 as to Bermuda]

Sweden 1st July 1961 [see Schedule 7 as to Bermuda]

Uruguay 24th August 1977

SCHEDULE 6

Countries to which Parts I and II of this Order extend

Belize 16th October 1966

Bermuda 6th December 1962

British Virgin Islands 11th February 1963

Cayman Islands 4th June 1966

Falkland Islands
and its Dependencies 10th October 1963

Gibraltar 1st October 1960

Hong Kong 12th December 1972

Isle of Man 31st May 1959

Montserrat 5th March 1966

St. Helena and its Dependencies 10th October 1963

Modifications to this Order as extended

1 Article 3 shall have effect as part of the law of any country to which it extends as if for references to the United Kingdom there were substituted references to the country in question.

2 Article 4 shall have effect as part of the law of any country to which it extends as if in paragraphs (1) and (3) there were substituted for "27th September, 1957" the date indicated in relation to that country in the preceding provisions of this Schedule (being the date when the Act was first extended to that country).

3 Schedule 2 to this Order shall have effect as part of the law of any such country as if for any date in that Schedule which is earlier than the date mentioned in this Schedule in relation to the relevant country there were substituted that later date.

SCHEDULE 7

Modifications of Part III of, and Schedules 4 and 5 to, this Order in its extension to Bermuda and Gibraltar

1 (a) in Article 8 the words "other than section 40(3)" shall be omitted;

(b) in Article 9 the words "other than section 37(4), section 40(3) and Schedule 5" shall be omitted.

2 In so far as Part III is part of the law of Bermuda—

(a) in Schedule 4 to this Order the date mentioned in the sec ond column shall be altered to 23rd August, 1969 in relation to Brazil, Congo (People's Republic), Czechoslovakia, Denmark, Ecuador, Federal Republic of Germany (and Berlin (West)), Mexico, Niger and Sweden;

(b) in Schedule 5 the names of Belgium, Cyprus, France, Nor way and Spain shall be omitted; and

(c) the date mentioned in the second column shall be altered to 23rd August, 1969 in relation to Brazil, Congo (People's Republic), Czechoslovakia, Denmark, Ecuador, Federal Republic of Germany (and Berlin (West)), Mexico, Niger and Sweden.

3 In so far as Part III is part of the law of Gibraltar—

(a) in Schedule 4 to this Order the date mentioned in the sec ond column shall be altered to 28th October, 1966 in relation to Brazil, Congo (People's Republic), Czechoslovakia, Denmark, Ecuador, Mexico, Niger and Sweden;

(b) in Schedule 5 the date mentioned in the second column shall be altered to 28th October, 1966 in relation to Brazil, Congo (People's Republic), Czechoslovakia, Denmark, Ecuador, France, Mexico, Niger and Sweden.

SCHEDULE 8

Orders Revoked

The Copyright (International Conventions) Order 1972: 1972/673

The Copyright (International Conventions) (Amending) Order 1973: 1973/72

The Copyright (International Conventions) (Amendment No.2) Order 1973: 1973/772

The Copyright (International Conventions) (Amendment No.3) Order 1973: 1973/963

The Copyright (International Conventions) (Amendment No. 4) Order 1973: 1973/1089

The Copyright (International Conventions) (Amendment No. 5 Order 1973: 1973/1751

The Copyright (International Conventions) (Amendment) Order 1974: 1974/1276

The Copyright (International Conventions) (Amendment) Order 1975: 1975/431

The Copyright (International Conventions) (Amendment No. 2) Order 1975:

Bermuda Consolidated Legislation

Copyright (International Conventions) Order 1979