STATUTORY INSTRUMENTS 
2008 No. 677 
COPYRIGHT 
RIGHTS IN PERFORMANCES 
The Copyright and Performances (Application to Other 
Countries) Order 2008 
Made  - - - - 12th March 2008 
Laid before Parliament  13th March 2008 
Coming into force  - - 6th April 2008 
 
At the Court at Buckingham Palace, the 12th day of March 2008 
Present, 
The Queen’s Most Excellent Majesty in Council 
Her Majesty is satisfied that provision has been or will be made giving adequate protection to the 
owners of the copyright in British sound recordings and wireless broadcasts under the laws of 
Algeria, Georgia and Vietnam, to the owners of the copyright in British sound recordings under 
the laws of China, to the owners of the copyright in British wireless broadcasts under the laws of 
Tonga and to performances and persons having recording rights in relation to performances under 
the laws of Algeria, Vietnam, Georgia, China and Tonga. 
Accordingly, Her Majesty, by and with the advice of Her Privy Council, in exercise of the powers 
conferred upon Her by sections 159 and 208 of the Copyright, Designs and Patents Act 1 988(a) 
and by section 2(2) of the European Communities Act 1972( b), makes the following Order: 
Introductory 
1.—(1) This Order may be cited as the Copyright and Performances (Application to Other 
Countries) Order 2008 and shall come into force on 6th April 2008. 
(2) In this Order “the Act” means the Copyright, Designs and Patents Act 1988. 
                                                                                                                                                               
 
(a) 1988 c.48, section 159 was amended by regulation 2(2) of, and Schedule 2 to, the Copyright and Related Rights Regulations 
2003 S.I. 2003/2498. 
(b) 1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 c. 51, section 27(1).  2(3) The Copyright and Performances (Application to  Other Countries) Order 2007 is revoked( a). 
Literary, dramatic, musical and artistic works, films and the typographical arrangement of 
published editions 
2.—(1) All the provisions of Part 1 of the Act, insofar as they relate to literary, dramatic, 
musical and artistic works, films and the typographical arrangement of published editions, apply in 
relation to the countries indicated in the second column of the table set out in the Schedule so that 
those provisions apply— 
(a) in relation to persons who are citizens or subject s of, or are domiciled or resident in, those 
countries as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom, 
(b) in relation to bodies incorporated under the la ws of those countries as they apply in 
relation to bodies incorporated under the law of a part of the United Kingdom, and 
(c) in relation to works first published in those countries as they apply in relation to works 
first published in the United Kingdom, 
subject to paragraph (2). 
(2) Where a literary, dramatic, musical or artistic work was first published before 1st June 1957 
it shall not qualify for copyright protection by  reason of section 154 (qualification by reference to 
author). 
Sound recordings 
3.—(1) Except for the provisions listed in paragraph (2)(a), all the provisions of Part 1 of the 
Act, insofar as they relate to sound recordings, apply in  relation to the count ries indicated in the 
third column of the table set out in the Schedule so that those provisions apply— 
(a) in relation to persons who are citizens or subject s of, or are domiciled or resident in, those 
countries as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom, 
(b) in relation to bodies incorporated under the la ws of those countries as they apply in 
relation to bodies incorporated under the law of a part of the United Kingdom, and 
(c) in relation to works first published in those countries as they apply in relation to works 
first published in the United Kingdom. 
(2) Where in the third column of the table set out in the Schedule the entry for a country— 
(a) includes an asterisk (*), the following provisions of Part 1 of the Act, insofar as they 
relate to sound recordings, also apply to that country— 
(i) section 18A (infringement by rental or lending of work to the public)( b) insofar as it 
applies to lending; 
(ii) section 19 (infringement by playing of work in public)( c); 
(iii) section 20 (infringement by communication to the public)( d); 
(iv) section 26 (secondary infringement: provi sion of apparatus for infringing 
performance, &c); and 
(v) section 107(2A) and (3) (criminal liability for communicating to the public or 
playing a sound recording)( e); 
                                                                                                                                                              
 
 
(a) S.I. 2007/273. 
(b) 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. 
(c) 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. 
(d) Section 20 of the Act was substituted by regulation 6(1) of the Copyright and Related Rights Regulations 2003. 
(e) 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.  3(b) includes a hash (#), the following provisions of Part 1 of the Act, insofar as they relate to 
sound recordings, also apply to that country— 
(i) section 20 (infringement by communicati on to the public), except that references to 
communication to the public do not include the broadcasting of a sound recording; 
and 
(ii) section 107(2A) (criminal liability for communicating to the public), except that it 
does not apply in relation to  the broadcasting of a sound recording. 
Wireless broadcasts 
4.—(1) Except for the provisions listed in paragraph (2), all the provisions of Part 1 of the Act, 
insofar as they relate to wireless broadcasts, apply in relation to the countries indicated in the 
fourth column of the table set out in th e Schedule so that those provisions apply— 
(a) in relation to persons who are citizens or subject s of, or are domiciled or resident in, those 
countries as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom, 
(b) in relation to bodies incorporated under the la ws of those countries as they apply in 
relation to bodies incorporated under the law of a part of the United Kingdom, and 
(c) in relation to broadcasts made from those countri es as they apply in relation to broadcasts 
made from the United Kingdom, 
subject to paragraphs (3) to (5). 
(2) The following provisions of Part 1 of the Act, insofar as they relate to wireless broadcasts, 
also apply in relation to a country where its entry in the fourth column of the table set out in the 
Schedule does not include an asterisk (*)— 
(a) section 18A (infringement by rental or lending of work to the public); 
(b) section 19 (infringement by showing or playi ng of work in public), but only insofar as it 
relates to broadcasts other than television broadcasts; 
(c) section 20 (infringement by communication to the public), except in relation to 
broadcasting by wireless telegraphy; 
(d) section 26 (secondary infringement: provisi on of apparatus for infringing performance, 
&c), but only insofar as it relates to broadcasts other than television broadcasts; 
(e) section 107(2A) (criminal liability for communicating to the public), except in relation to 
broadcasting by wireless telegraphy. 
(3) The provisions of Part 1 of the Act do not a pply in relation to a wireless broadcast made 
from a place in a country, referred to in paragraph (4), before the relevant date. 
(4) The relevant date in relation to a country— 
(a) where its entry in the fourth column of th e table set out in the Schedule includes an “(X)”, 
is 1st June 1957; 
(b) where its entry in the fourth column of the table set out in the Schedule includes a “(Y)”, 
is 1st January 1996; or 
(c) where there is a date next to its entry in the f ourth column of the table set out in the 
Schedule, is that date. 
(5) For the purposes of section 14(5) of the Act (duration of copyright in repeats)( a) any 
wireless broadcast which does not qualify for copyright protection shall be disregarded. 
                                                                                                                                                               
 
(a) Section 14 of the Act was substituted by regulation 7(1) of the Duration of Copyright and Rights in Performances 
Regulations 1995 S.I. 1995/3297 and it was subsequently amended by regulation 2(2) of, and Schedule 2 to, the Copyright and Related Rights Regulations 2003.  4Other broadcasts 
5. All the provisions of Part 1 of the Act, in sofar as they relate to br oadcasts (other than wireless 
broadcasts), apply in relation to the countries indicated in the fifth col umn of the table set out in 
the Schedule so that those provisions apply— 
(a) in relation to persons who are citizens or subject s of, or are domiciled or resident in, those 
countries as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom, 
(b) in relation to bodies incorporated under the la ws of those countries as they apply in 
relation to bodies incorporated under the law of a part of the United Kingdom, and 
(c) in relation to broadcasts made from those countri es as they apply in relation to broadcasts 
made from the United Kingdom. 
Performances 
6.—(1) The countries in respect of which the word “desi gnated” is included in the sixth column 
of the table set out in the Schedule are designated as enjoying reciprocal protection under Part 2 of 
the Act. 
(2) The countries in respect of which the word “deemed” is included in the sixth column of the 
table set out in the Schedule shall be treated as if they were designated as enjoying reciprocal 
protection under Part 2 of the Act, except that— 
(a) in that Part the term “recording” shall be construed as applying only to sound recordings 
(and not to films); 
(b) the following provisions of Part 2 of the Act shall not apply— 
(i) section 182C (consent required for rental or le nding of copies to public), insofar as it 
relates to lending( a); 
(ii) section 182D (right to equitable remunera tion for exploitation of sound recording); 
(iii) section 183 (infringement of performer’s ri ghts by use of recording made without 
consent); 
(iv) sections 185 to 188 (rights of person having recording rights); 
(v) section 198(2) (criminal liability for playing or communicating to the public); and 
(c) where in the sixth column of the table set  out in the Schedule the entry for a country 
includes an asterisk (*), the following provisi ons of Part 2 of the Act shall also not 
apply— 
(i) section 182CA (consent required for m aking available to the public)( b); 
(ii) section 198(1A) (criminal liability for making available to the public). 
Savings 
7.—(1) For the purposes of this article an act is an “excluded act” where— 
(a) a person (A) has incurred any expenditure or liability in connection with the act; and 
(b) he— 
(i) began in good faith to do the act, or 
(ii) 
made in good faith effective and serious preparations to do the act, 
                                                                                                                                                               
 
(a) Sections 182B to 182D were inserted by regulation 20(2) of the Copyright and Related Rights Regulations 1996 and section 
182C was subsequently amended by regulation 2 of, and paragraph 8 of the Schedule to, the Performances (Moral Rights, etc) Regulations 2006 S.I. 2006/18 and regulation 2(1) of, and paragraph 6(2) of Schedule 1 to, the Copyright and Related Rights Regulations 2003. 
(b) Section 182CA and section 198(1A) of the Act were inserted by regulations 7(1) and 26(3) of the Copyright and Related 
Rights Regulations 2003 respectively and section 182 CA was subsequently amended by regulation 2 of, and paragraph 8 of the Schedule to, the Performances (Moral Rights, etc) Regulations 2006.  5at a time when the act neither infringed nor was restricted by the relevant rights in the 
work or performance. 
(2) Where another person (B) acquires those relevant rights pursuant to this Order, A has the 
right— 
(a) to continue to do the excluded act, or 
(b) to do the excluded act, 
notwithstanding that the excluded act infringes or is restricted by those relevant rights. 
(3) Where B, or his exclusive licensee, pays reasonable compensation to A paragraph (2) no 
longer applies. 
(4) Where— 
(a) B offers to pay compensation to A under paragraph (3); but 
(b) A and B cannot agree on what compensation is reasonable, 
either person may refer the matter to arbitration. 
(5) In this article “relevant rights” means copyri ght, the rights conferred by Chapter 4 of Part 1 
of the Act and the rights conferred by Part 2 of the Act. 
 
  
 Judith Simpson  
 Clerk of the Privy Council  6 SCHEDULE Articles 2 to 6 
 
Country Article 2 
(literary, 
dramatic, 
musical and 
artistic works, 
films and 
typographical 
arrangements) Article 3 
(sound 
recordings) Article 4 
(wireless 
broadcasts) Article 5 
(other 
broadcasts) Article 6 
(performances) 
Albania Applies Applies (*) Applies 
(1st 
September 
2000)  Designated 
Algeria Applies Applies (*) Applies 
(22nd April 
2007)  Designated 
Andorra Applies Applies (*) Applies 
(25th May 
2004)  Designated 
Angola Applies Applies Applies (*) 
(23rd 
November 
1996)  Deemed (*) 
Antigua and 
Barbuda Applies Applies Applies 
(*)(Y)  Deemed (*) 
Argentina Applies Applies (*) Applies 
(2nd March 
1992)  Designated 
Armenia Applies Applies (*) Applies 
(31st 
January 
2003)  Designated 
Australia 
(including 
Norfolk Island) Applies Applies (*) Applies 
(30th 
September 
1992)  Designated 
Austria Applies Applies (*) Applies (X) Applies  
Azerbaijan Applies Applies (*) Applies (5th 
October 
2005)  Designated 
Bahamas Applies Applies    
Bahrain Applies Applies (*) Applies (Y)  Designated 
Bangladesh Applies Applies (*) Applies 
(*)(Y)  Deemed (*) 
Barbados Applies Applies (*) Applies 
(18th 
September 
1983)  Designated  7Belarus Applies Applies (*) Applies 
(27th May 
2003)  Designated 
Belgium Applies Applies (*) Applies (X) Applies  
Belize Applies Applies Applies 
(*)(Y)  Deemed (*) 
Benin Applies Applies (#) Applies (*) 
(22nd 
February 
1996)  Deemed 
Bhutan Applies Applies    
Bolivia Applies Applies (*) Applies 
(24th 
November 
1993)  Designated 
Bosnia and 
Herzegovina Applies Applies    
Botswana Applies Applies (#) Applies 
(*)(Y)  Deemed 
Brazil Applies Applies (*) Applies 
(29th 
September 
1965)  Designated 
Brunei 
Darussalam Applies Applies Applies 
(*)(Y)  Deemed (*) 
Bulgaria Applies Applies (*) Applies (X) Applies  
Burkina Faso Applies Applies (*) Applies 
(14th 
January 
1988)  Designated 
Burundi Applies Applies Applies 
(*)(Y)  Deemed (*) 
Cambodia Applies Applies Applies (*) 
(13th 
October 
2004)  Deemed (*) 
Cameroon Applies Applies Applies 
(*)(Y)  Deemed (*) 
Canada Applies Applies (*) Applies (Y)  Designated 
Cape Verde Applies Applies (*) Applies (3rd 
July 1997)  Designated 
Central 
African 
Republic Applies Applies Applies 
(*)(Y)   Deemed (*) 
Chad Applies Applies Applies (*) 
(19th 
October 
1996)  Deemed (*) 
Chile Applies Applies (*) Applies 
(5th 
September 
1974)  Designated  8China Applies Applies(#) Applies (*) 
(11th 
December 
2001)  Deemed  
Columbia Applies Applies (*) Applies 
(17th 
September 
1976)  Designated 
Comoros Applies Applies    
Congo Applies Applies (*) Applies 
(18th May 
1964)  Designated 
Costa Rica Applies Applies (*) Applies 
(9th 
September 
1971)  Designated 
Cote d’Ivoire Applies Applies Applies 
(*)(Y)  Deemed (*) 
Croatia Applies Applies (*) Applies 
(20th April 
2000)  Designated 
Cuba Applies Applies Applies 
(*)(Y)  Deemed (*) 
Cyprus Applies Applies (*) Applies (X) Applies  
Czech 
Republic Applies Applies (*) Applies (X) Applies  
Democratic 
Republic of the 
Congo Applies Applies Applies (*) 
(1st January 
1997)  Deemed (*) 
Denmark Applies Applies (*) Applies (X) 
 Applies  
Djibouti Applies Applies Applies 
(*)(Y)  Deemed (*) 
Dominica Applies Applies (*) Applies (Y)  Designated 
Dominican 
Republic Applies Applies (*) Applies 
(27th 
January 
1987)  Designated 
Ecuador Applies Applies (*) Applies 
(18th May 
1964)  Designated 
Egypt Applies Applies Applies 
(*)(Y)  Deemed (*) 
El Salvador Applies Applies (*) Applies 
(29th June 
1979)  Designated 
Equatorial 
Guinea Applies Applies    
Estonia Applies Applies (*) Applies (X) Applies  
Faeroe Islands Applies Applies Applies 
(1st 
February 
1962)  Designated  9Fiji Applies Applies (*) Applies 
(11th April 
1972)  Designated 
Finland Applies Applies (*) Applies (X) Applies  
France 
(including 
Overseas 
Departments 
and 
Territories) Applies Applies (*) Applies (X) Applies  
Gabon Applies Applies (#) Applies 
(*)(Y)  Deemed 
Gambia Applies Applies Applies (*) 
(23rd 
October 
1996)  Deemed (*) 
Georgia Applies Applies (*) Applies 
(14th August 
2004)  Designated 
Germany Applies Applies (*) Applies (X) Applies  
Ghana Applies Applies (*) Applies 
(*)(Y)  Deemed (*) 
Gibraltar Applies Applies (*) Applies (X) Applies Designated 
Greece Applies Applies (*) Applies (X) Applies  
Greenland Applies Applies Applies 
(1st 
February 
1962)  Designated 
Grenada Applies Applies Applies (*) 
(22nd 
February 
1996)  Deemed (*) 
Guatemala Applies Applies (*) Applies 
(14th 
January 
1977)  Designated 
Guinea Applies Applies (#) Applies 
(*)(Y)  Deemed 
Guinea-Bissau Applies Applies Applies 
(*)(Y)  Deemed (*) 
Guyana Applies Applies Applies 
(*)(Y)  Deemed (*) 
Haiti Applies Applies Applies (*) 
(30th 
January 
1996)  Deemed (*) 
Holy See Applies Applies    
Honduras Applies Applies (*) Applies 
(16th 
February 
1990)  Designated 
Hong Kong Applies Applies (*) Applies (X)  Deemed (*) 
Hungary Applies Applies (*) Applies (X) Applies   10Iceland Applies Applies (*) Applies 
(X) Applies Designated 
India Applies Applies (*) Applies 
(*)(Y)  Deemed (*) 
Indonesia Applies Applies (*) Applies (X) Applies Deemed 
Ireland Applies Applies (*) Applies (X) Applies  
Isle of Man Applies Applies (*) Applies (X) Applies Designated 
Israel Applies Applies (*) Applies (Y)  Designated 
Italy Applies Applies (*) Applies (X) Applies  
Jamaica Applies Applies (*) Applies 
(27th 
January 
1994)  Designated 
Japan Applies Applies (*) Applies 
(26th 
October 
1989)  Designated 
Jordan Applies Applies (#) Applies (*) 
(11th April 
2000)  Deemed 
Kazakhstan Applies Applies (#)   Deemed 
Kenya Applies Applies Applies 
(*)(Y)  Deemed (*) 
Korea, 
Democratic 
People’s 
Republic of Applies Applies    
Korea, 
Republic of Applies Applies Applies 
(*)(Y)  Deemed (*) 
Kuwait Applies Applies Applies 
(*)(Y)  Deemed (*) 
Kyrgyzstan Applies Applies (*) Applies 
(20th 
December 
1998)  Designated 
Lao People’s 
Democratic 
Republic Applies Applies    
Latvia Applies Applies (*) Applies (X) Applies  
Lebanon Applies Applies (*) Applies 
(12th August 
1997)  Designated 
Lesotho Applies Applies (*) Applies 
(26th 
January 
1990)  Designated 
Liberia Applies Applies    
Libyan Arab 
Jamahiriya Applies Applies    
Liechtenstein Applies Applies (*) Applies (X) Applies Designated 
Lithuania Applies Applies (*) Applies (X) Applies  
Luxembourg Applies Applies (*) Applies (X) Applies   11Macao Applies Applies Applies 
(*)(Y)  Deemed (*) 
Macedonia, 
The Former 
Yugoslav 
Republic of Applies Applies (*) Applies 
(2nd March 
1998)  Designated 
Madagascar Applies Applies Applies 
(*)(Y)  Deemed (*) 
Malawi Applies Applies (*) Applies 
(22nd June 
1989)  Deemed (*) 
Malaysia Applies Applies (*) Applies (X)  Deemed (*) 
Maldives Applies Applies Applies 
(*)(Y)  Deemed (*) 
Mali Applies Applies (#) Applies 
(*)(Y)  Deemed 
Malta Applies Applies (*) Applies (X) Applies  
Mauritania Applies Applies Applies 
(*)(Y)  Deemed (*) 
Mauritius Applies Applies Applies 
(*)(Y)  Deemed (*) 
Mexico Applies Applies (*) Applies 
(18th May 
1964)  Designated 
Micronesia, 
Federated 
States of Applies Applies    
Moldova, 
Republic of Applies Applies (*) Applies 
(5th 
December 
1995)  Designated 
Monaco Applies Applies (*) Applies 
(6th 
December 
1985)  Designated 
Mongolia Applies Applies (#) Applies (*) 
(29th 
January 
1997)  Deemed 
Montenegro Applies Applies (*) Applies 
(10th June 
2003)  Designated 
Morocco Applies Applies Applies 
(*)(Y)  Deemed (*) 
Mozambique Applies Applies Applies 
(*)(Y)  Deemed (*) 
Myanmar Applies Applies Applies 
(*)(Y)  Deemed (*) 
Namibia Applies Applies Applies 
(*)(Y)  Deemed (*) 
Nepal Applies Applies Applies (*) 
(23rd April 
2004)  Deemed (*) 
Netherlands Applies Applies (*) Applies (X) Applies   12Netherlands 
Antilles and 
Aruba Applies Applies Applies 
(*)(Y)  Deemed 
New Zealand Applies Applies (*) Applies 
(*)(Y)  Deemed (*) 
Nicaragua Applies Applies (*) Applies (Y)  Designated 
Niger Applies Applies (*) Applies 
(18th May 
1964)  Designated 
Nigeria Applies Applies (*) Applies 
(29th 
October 
1993)  Designated 
Norway Applies Applies (*) Applies 
(X) Applies Designated 
Oman Applies Applies Applies (*) 
(9th 
November 
2000)  Deemed 
Pakistan Applies Applies (*) Applies 
(*)(Y)  Deemed (*) 
Panama Applies Applies (*) Applies (2nd 
September 
1983)  Designated 
Papua New 
Guinea Applies Applies Applies (*) 
(9th June 
1996)  Deemed (*) 
Paraguay Applies Applies (*) Applies 
(26th 
February 
1970)  Designated 
Peru Applies Applies (*) Applies 
(7th August 
1985)  Designated 
Philippines Applies Applies (*) Applies 
(25th 
September 
1984)  Designated 
Poland Applies Applies (*) Applies (X) Applies  
Portugal Applies Applies (*) Applies (X) Applies  
Qatar Applies Applies Applies (*) 
(13th 
January 
1996)  Deemed 
Romania Applies Applies (*) Applies (X) Applies  
Russian 
Federation Applies Applies (*) Applies 
(26th May 
2003)  Designated 
Rwanda Applies Applies Applies (*) 
(22nd May 
1996)  Deemed (*)  13Saint Kitts and 
Nevis Applies Applies Applies (*) 
(21st 
February 
1996)  Deemed (*) 
Saint Lucia Applies Applies (*) Applies (Y)  Designated 
Saint Vincent 
and the 
Grenadines Applies Applies Applies 
(*)(Y)  Deemed (*) 
Samoa Applies Applies    
Saudi Arabia Applies Applies    
Senegal Applies Applies (#) Applies 
(*)(Y)  Deemed 
Serbia Applies Applies (*) Applies 
(10th June 
2003)  Designated 
Sierra Leone Applies Applies Applies 
(*)(Y)  Deemed (*) 
Singapore Applies Applies (#) Applies (X) Applies Deemed 
Slovak 
Republic Applies Applies (*) Applies (X) Applies  
Slovenia Applies Applies (*) Applies (X) Applies  
Solomon 
Islands Applies Applies Applies (*) 
(26th July 
1996)  Deemed (*) 
South Africa Applies Applies Applies 
(*)(Y)  Deemed (*) 
Spain Applies Applies (*) Applies (X) Applies  
Sri Lanka Applies Applies Applies 
(*)(Y)  Deemed (*) 
Sudan Applies Applies    
Suriname Applies Applies Applies 
(*)(Y)  Deemed (*) 
Swaziland Applies Applies Applies 
(*)(Y)  Deemed (*) 
Sweden Applies Applies (*) Applies (X) Applies   
Switzerland Applies Applies (*) Applies (X) Applies Designated 
Syrian Arab 
Republic Applies Applies (*) Applies 
(13th May 
2006)   Designated 
Taiwan Applies Applies (*) Applies (*) 
(1st January 
2002)  Deemed (*) 
Tajikistan Applies Applies    
Tanzania, 
United 
Republic of Applies Applies Applies 
(*)(Y)  Deemed (*) 
Thailand Applies Applies (*) Applies 
(*)(Y)  Deemed (*) 
Togo Applies Applies (*) Applies (Y)  Designated 
Tonga Applies Applies Applies (*) 
(27th July 
2007)  Deemed (*)  14Trinidad and 
Tobago Applies Applies Applies 
(*)(Y)  Deemed (*) 
Tunisia Applies Applies Applies 
(*)(Y)  Deemed (*) 
Turkey Applies Applies (*) Applies (Y)  Designated 
Uganda Applies Applies Applies 
(*)(Y)  Deemed (*) 
Ukraine Applies Applies (*) Applies 
(12th June 
2002)  Designated 
United Arab 
Emirates Applies Applies (*) Applies 
(10th April 
1996)  Designated 
United States 
of America 
(including 
Puerto Rico 
and all 
territories and 
possessions) Applies Applies (#) Applies 
(*)(Y)  Deemed 
Uruguay Applies Applies (*) Applies 
(4th July 
1977)  Designated 
Uzbekistan Applies Applies    
Venezuela Applies Applies (*) Applies (Y)  Designated 
Vietnam Applies Applies (*) Applies (1st 
March 2007)  Designated 
Zambia Applies Applies Applies 
(*)(Y)  Deemed (*) 
Zimbabwe Applies Applies Applies 
(*)(Y)  Deemed (*) 
  15EXPLANATORY NOTE 
(This note is not part of the Order) 
Part 1 of the Copyright, Designs and Patent s Act 1988 (“the Act”) confers copyright on the 
creators of certain works. Part 2 of the Act confers rights on performers and persons having 
recording rights in relation to a performance. The purpose of this Order is to apply Part 1 of the 
Act to works originating from other countri es and to confer on certain countries reciprocal 
protection under Part 2 of the Act. In this Order the term “country” includes territories, by reason 
of sections 178 and 211 of the Act. 
By reason of section 153(3) of the Act this Order will not affect works in which copyright 
already subsists. Further, by reason of paragraph 35 of Schedule 1 to the Act, any work in which copyright subsisted under the Copyright Act 1956 (c.74)  is deemed to satisfy the requirements of 
qualification for copyright protection. 
Article 2  qualifies literary, dramatic, musical and artistic works, films and typographical 
arrangements of published editions for copyright protection where they are connected to the 
countries indicated in the second column of the Schedule. All of those countries are parties to the 
Berne Copyright Convention (Cm. 1212), to the Universal Copyright Convention (Cmnd. 5844) or 
to the Agreement establishing the World Trade  Organisation (including the Agreement on Trade-
Related Aspects of Intellect ual Property Rights (Cm. 3044-6, 3080, 3263-4, 3268-9, 3271, 3275-7 
and 3282)) or are member States of the European Community or the European Free Trade Agreement; or otherwise give adequat e protection under their laws. 
Article 3  qualifies sound recordings for copyright prot ection where they are connected to the 
countries indicated in the third column of the Schedule. The protection extends to lending, playing 
in public or broadcasting if the country of origin is marked by an asterisk. All such countries are 
parties to the International Convention for the Protection of Performers, Producers of Phonograms 
and Broadcasting Organisations (Cmnd. 2425) (“the Rome Convention”) or are member States of 
the European Community or the European Free Trade Agreement; or otherwise give adequate protection under their laws. 
Different protection is given to those countries marked by a hash. All such countries are parties 
to the World Intellectual Property Organi sation (WIPO) Performances and Phonograms Treaty 
(Cmnd. 3736) (“the WPPT”), but not parties to the Rome Convention. The United Kingdom has 
not ratified the WPPT, but it has agreed to ratify it along with the European Community and with 
the other Member States in accordance with Council Decision 2000/278/EC (O.J. No L 89, 
11.4.2000, p.6). Protection is therefore accorded to contracting parties in anticipation of the United Kingdom’s ratification on the basis that, upon ratification, those countries will provide protection 
under their laws. 
Article 4  qualifies wireless broadcasts for copyright pro tection where they are connected to the 
countries indicated in the fourt h column of the Schedule. These countries are parties to the Rome 
Convention or are member States of the European Community or the European Free Trade 
Agreement; or otherwise give adequat e protection under their laws. 
Those countries marked by an asterisk, which receive more limited protection, are parties to the 
Agreement establishing the World Trade Organisa tion (including the Ag reement on Trade-Related 
Aspects of Intellectual Propert y Rights), but not to the Rom e Convention. Protection does not 
extend to wireless broadcasts made before the specified dates. By reason of paragraph 9(a) of 
Schedule 1 to the Act, protection never extends to such broadcasts made before 1st June 1957. 
Article 5  qualifies broadcasts (other than wireless broadcasts) for copyright protection where 
they are connected to the countries indicated in the fifth colum n of the Schedule. These countries 
are member States of the European Community or the European Free Trade Agreement or 
otherwise give adequate protecti on under their laws. By reason of paragraph 9(b) of Schedule 1 to 
the Act, protection does not extend to such broadcasts made before 1st January 1985. Article 6 qualifies certain performances and persons having recording rights in relation to a 
performance for protection under Part 2 where they are connected to the countries indicated in the 
sixth column of the Schedule. 
Paragraph (1)  grants reciprocal protection to  certain countries in respect  of their performers and 
persons having recording rights. These countries are parties to the Rome Convention. 
Paragraph (2)  applies where it is not possible to grant reciprocal protection, but the United 
Kingdom is obliged to grant limited protec tion to performances connected to particular countries 
by reason of both the United Kingdom and t he European Community being party to the 
Agreement establishing the World Trade Organisa tion (including the Agreement on Trade-Related 
Aspects of Intellectual Property Rights), in which case such countries are m arked with an asterisk,. 
or by reason of such countries being parties and the United Kingdom being a signatory to the 
WPPT. 
Article 7  is a savings provision. 
This Order uses powers given by the Act and by the European Communities Act 1972 to 
implement various Community obligations of the United Kingdom. The powers under the Act are 
also used to implement certain other international obligations. 
This Order replaces the Copyright and Performances (Application to Other Countries) Order 
2007 S.I. 2007/273 (“the 2007 Order”) which is revoked by article 1(3). This Order provides a 
consolidated list of the protection afforded to other countries. The only substantive changes from 
the 2007 Order are that the protection given to  sound recordings originati ng from Algeria, Georgia 
and Vietnam is modified following their accession to the Rome Convention; the protection given 
to sound recordings originating from China is modified following its accession to the WPPT; wireless broadcasts originating from Algeria and Viet nam are protected for the first time and the 
protection given to wireless broadcast s originating from Georgia is  modified following their 
accession to the Rome Convention; wireless broadcasts originating from Tonga are protected for the first time following its accession to th e World Trade Organisation (including the Agreement 
on Trade- Related aspects of Intellectual Propert y Rights); performances origi nating from Algeria 
and Vietnam are protected for the first time and the protection afforded to performances 
originating from Georgia is modified following their accession to the Rome Convention; 
performances originating from Tonga are protected for the fi rst time following its accession to the 
World Trade Organisation (includi ng the Agreement on Trade – Relat ed Aspects of Intellectual 
Property Rights); and the protection afforded to perform ances originating from China is modified 
following its accession to the WPPT. 
£3.00 
¤ Crown copyright 2008 
Printed and published in the UK by The Stationery Office Limited 
under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s 
Stationery Office and Queen’s Printer of Acts of Parliament. 
E2223 3/2008  182223T  19585