STATUTORY INSTRUMENTS 
2013 No. 536 
COPYRIGHT 
RIGHTS IN PERFORMANCES 
The Copyright and Performances (Application to Other 
Countries) Order 2013 
Made  - - - - 13th March 2013 
Laid before Parliament  15th March 2013 
Coming into force  - - 6th April 2013 
 
At the Court at Buckingham Palace, the 13th day of March 2013 
Present, 
The Queen’s Most Excellent Majesty in Council 
Her Majesty is satisfied, to the extent this Or der relates to a country which is neither a Convention 
country nor another member State of the European Unio n, that provision has been or will be made 
under the law of that country, giving adequate protec tion to the owners of copyright in respect of 
works under Part I of the Copyright, Designs and Patents Act 1988( a) and to the owners of rights 
in respect of British performances. 
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 C opyright, Designs and Patents Act 1988( b) 
and by section 2(2) of the European Communities Act 1972( c), makes the following Order: 
Introductory 
1.—(1) This Order may be cited as the Copyright and Performances (Application to Other 
Countries) Order 2013 and shall come into force on 6th April 2013. 
(2) In this Order— 
“Act” means the Copyright, Designs and Patents Act 1988; “Berne Convention” means the Convention for the Protection of Literary and Artistic Works 
adopted in Berne in 1886 and its revisions( d); 
                                                                                                                                            
(a) 1988 c.48. 
(b) Section 159 was amended by regulation 2(2) of, and Schedule 2 to, the Copyright and Related Rights Regulations 2003 S.I. 
2003/2498. 
(c) 1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 c. 51, section 27(1) and by 
section 3(3) of, and the Schedule to, the European Union (Amendment) Act 2008 c.7 which were brought into force on 1st December 2009 by the European Union (Amendment) Act 2008 (Commencement No. 1) Order 2009 S.I. 2009/3143. 
(d) Cm. 1212.  
 2 “first published” has the meaning ascribed to it by section 155(3) of the Act; 
“Part I” means Part I of the Act (copyright); “Part II” means Part II of the Act (rights in performances); “relevant country” means, in relation to the works referred to in article 2(1), each country 
listed in the first column of the Table and in relation to the works referred to in article 2(2) to 
(4), each country listed in the first column of the Table corresponding to an entry in the second to fourth columns of the Table; 
“relevant declaration under the Rome Conv ention” means a declaration under Article 
16(1)(a)(i) of the Rome Convention (which allows for reservations) by a country party to the 
Rome Convention that it will not apply the provisions of Article 12 (which provides for 
payment of a single equitable remuneration for secondary uses of phonograms); 
“relevant declaration under the WPPT” means a declaration under Article 15(3) of the WPPT 
by a country party to the WPPT that it will apply the provisions of Article 15(1) of the WPPT (which confers on performers and producers of phonograms a right to remuneration for 
broadcasting and communication to the public) onl y in respect of certain uses, or that it will 
limit their application in some other way, or that it will not apply these provisions at all; 
“Rome Convention” means the International Convention for the Protection of Performers, 
Producers of Phonograms and Broadcasting Organi sations done at Rome on 6th October 
1961( a); 
“Table” means the table set out in the Schedule; “WPPT” means the World Intellectual Pr operty Organisation Performances and Phonograms 
Treaty adopted in Geneva on 20th December 1996( b); and 
“WTO TRIPS” means the Agreement establishing th e World Trade Organisa tion (including 
the Agreement on Trade-Related Aspects of Inte llectual Property Rights) signed in Marrakesh 
on 15th April 1994( c). 
(3) The Copyright and Performances (Application to Other Countries) Order 2012( d) and the 
Copyright and Performances (Application to  Other Countries) (Amendment) Order 2012( e) are 
revoked. 
Application of Part I 
2.—(1) All the provisions of Part I relating to literary, dramatic, musical and artistic works, 
films and typographical arrangement of published editions apply in relation to a relevant country in the manner set out in paragraph (5), subject to article 3. 
(2) Where an entry in the second column of the Table shows a plus sign (+), all the provisions of 
Part I apply to sound recordings in relation to a rel evant country in the manner set out in paragraph 
(5). 
(3) Where there is an entry in the third  column of the Table, all the provisions of Part I apply to 
wireless broadcasts in relation to a relevant country  in the manner set out in paragraph (5), subject 
to article 5. 
(4) Where there is an entry in the fourth column of the Table, all the provisions of Part I apply to 
broadcasts other than wireless broadcasts in relation to a relevant country in the manner set out in 
paragraph (5). 
(5) The provisions of Part I apply in relation to— 
                                                                                                                                            
(a) Cmnd. 2425. 
(b) Cm. 3728. 
(c) Cm. 3044-6, 3077-80, 3263-5, 3268-9, 3271, 3275-7 and 3282.  The Agreement on Trade-Related Aspects of Intellectual 
Property Rights is published in Cm. 3046. 
(d) S.I. 2012/799. 
(e) S.1. 2012/1754.  
 3 (a) a person who is a citizen or subject of, or is domiciled or resident in, a relevant country as 
they apply to a person who is a British citizen  or is domiciled or resident in the United 
Kingdom, 
(b) a body incorporated under the law of a relevant country  as they apply in relation to a body 
incorporated under the law of a part of the United Kingdom, 
(c) the works referred to in paragraphs (1) and (2) first published in a relevant country as 
they apply in relation to such works first published in the United Kingdom, and 
(d) broadcasts referred to in paragraphs (3) and (4) made from a relevant country as they 
apply in relation to broadcasts made from the United Kingdom. 
Exception relating to literary, dramati c, musical or artistic works 
3. Where a literary, dramatic, musical or artistic work was first published before 1st June 1957 it 
shall not qualify for copyright protection under sec tion 154 of the Act (qualification by reference 
to author)( a). 
Exceptions and modifications relating to sound recordings 
4.—(1) Where the entry for a country in the second col umn of the Table does not include a plus 
(+) or minus (-) sign, the country is neither a party to the Rome Convention nor the WPPT but is a 
party to the Berne Convention or the WTO TRIPS or both, and accordingly the provisions of Part 
I, in so far as they relate to sound recordings, appl y in relation to that country, except for the 
following— 
(a) section 18A (infringement by rental or lending of work to the public)( b) in so far as it 
applies to lending; 
(b) section 19 (infringement by playing of work in public)( c); 
(c) section 20 (infringement by communication to the public)( d); 
(d) section 26 (secondary infringement: provisi on of apparatus for infringing performance, 
&c); and 
(e) section 107(2A) and (3) (criminal liability for communicating to the public or playing a 
sound recording)( e). 
(2) Where the entry for a country in the second colum n of the Table includes a minus sign (-), 
the country is not a party to the Rome Conventi on but is a party to the WPPT, and accordingly the 
provisions of Part I, in so far as they relate to  sound recordings, apply in relation to that country 
with the following modifications— 
(a) section 18A (infringement by rental or lending of work to the public), except in so far as 
it applies to lending; 
(b) section 20 (infringement by communicati on to the public), except that references to 
communication to the public do not incl ude the broadcasting of a sound recording; and 
(c) section 107(2A) (criminal liability for communicating to the public), except that it does 
not apply in relation to th e broadcasting of a sound recording. 
                                                                                                                                            
(a) Section 154 of the Act was amended by regulation 5(3) of the Duration of Copyright and Rights in Performances 
Regulations 1995 S.I. 1995/3297, by section 2(3) of the British Overseas Territories Act 2002 c.8, and by regulation 2(2) of, and Schedule 2 to, the Copyright and Related Rights Regulations 2003. 
(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.  
 4 Exceptions relating to wireless broadcasts 
5.—(1) Where the entry for a country in the third column of the Table includes a minus sign (-), 
the country is not a party to the Rome Convention but is a party to the WTO TRIPS, and 
accordingly the following provisions of Part I, in so far as they relate to wireless broadcasts, do 
not apply in relati on to that country— 
(a) section 18A (infringement by rental or lending of work to the public); 
(b) section 19 (infringement by showi ng or playing of work in public), but only in so far 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 in so far 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. 
(2) The provisions of Part I do not apply in relation to a wireless broadcast made from a place in 
a country, referred to in paragraph (1), before the relevant date. 
(3) The relevant date in relation to a country— 
(a) where its entry in the third column of the Table includes an “(X)”, is 1st June 1957; 
(b) where its entry in the third column of the Table includes a “(Y)”, is 1st January 1996; or 
(c) where there is a date next to its entry in the third column of the Table, is that date. 
Application of Part II 
6.—(1) Where the entry for a country in the fifth column of the Table is the word “designated”, 
the country— 
(a) is a party to the Rome Convention and has not made a relevant declaration under the 
Rome Convention, or 
(b) has made or will make provision giving adequate protection for British performances 
under its law, 
and accordingly that country is  designated as enjoyi ng reciprocal protection under Part II. 
(2) Where the entry for a country in the fifth col umn of the Table is the word “deemed”, the 
country is not a party to the Rome Convention but  is a party to the WPPT, and accordingly that 
country shall be treated as if it were designated as enjoying reciprocal protection under Part II, 
except as provided in paragraph (6) and article 7(1). 
(3) Where the entry for a country is a minus sign (-) in  the fifth column of the Table, the country 
is neither a party to the Rome Convention nor th e WPPT but is a party to the WTO TRIPS, and 
accordingly that country shall be treated as if it were designated as enjoying reciprocal protection 
under Part II, except as provided in paragraph (6) and article 7(1) and (2). 
(4) Where the entry for a country includes an asterisk (* ) in the fifth column of the Table, the 
country is a party to the Rome Convention but  has made a relevant declaration under the Rome 
Convention, and accordingly that country shall be treated as if it were designated as enjoying 
reciprocal protection under Part II, except as provided in article 7(3). 
(5) Where the entry for a country includes a hash sign (#) in the fifth column of the Table, the 
country is a party to the WPPT but has made a relevant declaration under the WPPT, and 
accordingly that country shall be treated as if it were designated as enjoying reciprocal protection 
under Part II, except as provided in paragraph (6) and article 7(1) and (4). 
(6) In relation to the provisions of Part II— 
(a) as applied by paragraphs (2) and (3), and 
(b) to the extent applied by paragraph (5),  
 5 the definition of “recording”, in section 180(2) (rights conferred on performers and persons having 
recording rights)( a), shall be construed as applying only to sound recordings (and not to films). 
Exceptions to application of Part II 
7.—(1) In relation to article 6(2), (3) and (5), the following provisions of Part II shall not 
apply— 
(a) section 182C (consent required for rental or lending of copies to public)( b), in so far as it 
relates to lending; 
(b) section 183 (infringement of performer’s right s by use of recording made without 
consent)( c); 
(c) sections 185 to 188 (rights of  person having recording rights)( d); 
(d) section 198(2) (criminal liability for playi ng or communicating to the public)( e). 
(2) In relation to article 6(3), the following provisions of Part II shall not apply— 
(a) section 182CA (consent required for m aking available to the public)( f); 
(b) section 182D (right to equitable rem uneration for exploitation of sound recording)( g); 
(c) section 198(1A) (criminal liability for making available to the public)( h). 
(3) In relation to article 6(4), to the extent that the relevant declaration under the Rome 
Convention is in force in the law of the country in relation to British performances, the provisions 
of Part II shall not apply to grant the protection provided under Article 12 of the Rome 
Convention, unless the recording has been first publis hed in a country which is party to the Rome 
Convention and which has not made a relevant declaration under that Convention. 
(4) In relation to article 6(5), where a country is a party to the WPPT and has made a relevant 
declaration under the WPPT, the provisions of Part II  shall not apply to protect the right provided 
for in Article 15(1) of the WPPT to the extent the decl aration is in force in the law of that country 
in relation to British performances.   
Savings 
8.—(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) Section 180(2) of the Act was amended by regulation 2(2) of, and Schedule 2 to, the Copyright and Related Rights 
Regulations 2003. 
(b) Section 182C of the Act was inserted by regulation 20(2) of the Copyright and Related Rights Regulations 1996 and was 
subsequently amended by regulation 2(1) of, and paragraph 6(2) of Schedule 1 to, the Copyright and Related Rights 
Regulations 2003 and regulation 2 of, and paragraph 8 of the Schedule to, the Performances (Moral Rights, etc) Regulations 
2006 S.I. 2006/18. 
(c) Section 183 of the Act was amended by regulation 2(1) of, and paragraph 13(1)(a) of Schedule 1 to, the Copyright and 
Related Rights Regulations 2003. 
(d) Section 185 of the Act was amended by regulation 2 of, and paragraph 8 of the Schedule to, the Performances (Moral 
Rights, etc) Regulations 2006; section 186 of the Act was amended by regulation 2(2) of, and Schedule 2 to, the Copyright and Related Rights Regulations 2003; section 187 of the Act was amended by regulation 2(1) of, and paragraph 13(1)(b) of Schedule 1 to, the Copyright and Related Rights Regulations 2003. 
(e) Section 198(2) of the Act was amended by regulation 2(1) of, and paragraph 4(5) of the Schedule to, the Copyright and 
Related Rights Regulations 2003 and by regulation 2 of, and paragraph 8 of the Schedule to, the Copyright and Related Rights Regulations 2006. 
(f) Section 182CA of the Act was inserted by regulation 7(1) of the Copyright and Related Rights Regulations 2003 and was 
subsequently amended by regulation 2 of, and paragraph 8 of the Schedule to, the Performances (Moral Rights, etc) Regulations 2006. 
(g) Section 182D of the Act was inserted by regulation 20(2) of the Copyright and Related Rights Regulations 1996 and was 
subsequently amended by regulation 7(2) of the Copyright and Related Regulations 2003 and regulation 2 of, and paragraph 3 of the Schedule to, the Performances (Moral Rights, etc) Regulations 2006. 
(h) Section 198(1A) of the Act was inserted by regulation 26(3) of the Copyright and Related Rights Regulations 2003.  
 6 at 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 ri ghts on or after the coming into force of 
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 under this 
Order. 
(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 I 
(moral rights) and the rights conferred by Part II. 
 
  
 Richard Tilbrook  
 Clerk of the Privy Council 
  
 7  SCHEDULE Articles 2 to 6 
APPLICATION OF PARTS I AND II 
 
Country Article 2(2) 
(sound 
recordings) Article 2(3) 
(wireless broadcasts) Article 2(4) 
(other 
broadcasts) Article 6 
(performances) 
Albania Applies (+) Applies 
(1st September 2000)  Designated 
Algeria Applies (+) Applies 
(22nd April 2007)  Designated 
Andorra Applies (+) Applies 
(25th May 2004)  Designated 
Angola Applies Applies (-) 
(23rd November 1996)  (-) 
Antigua and 
Barbuda Applies Applies (-) (Y)  (-) 
Argentina Applies (+) Applies 
(2nd March 1992)  Designated 
Armenia Applies (+) Applies 
(31st January 2003)  Designated 
Australia 
(including 
Norfolk Island) Applies (+) Applies 
(30th September 1992)  Designated(*)(#) 
Austria Applies (+) Applies (X) Applies  
Azerbaijan Applies (+) Applies 
(5th October 2005)  Designated 
Bahamas Applies    
Bahrain Applies (+) Applies (Y)  Designated 
Bangladesh Applies (+) Applies (-) (Y)  (-) 
Barbados Applies (+) Applies 
(18th September 1983)  Designated 
Belarus Applies (+) Applies 
(27th May 2003)  Designated 
Belgium Applies (+) Applies (X) Applies  
Belize Applies Applies (-) (Y)  (-) 
Benin Applies (-) Applies (+) 
(22nd February 1996)  Deemed 
Bermuda Applies Applies 
(6th August 1962) Applies Designated 
Bhutan Applies    
Bolivia Applies (+) Applies 
(24th November 1993)  Designated 
Bosnia and 
Herzegovina Applies(+) Applies 
(19th May 2009)  Designated 
Botswana Applies (-) Applies (-) (Y)  Deemed 
Brazil Applies (+) Applies 
(29th September 1965)  Designated 
Brunei 
Darussalam Applies Applies (-) (Y)  (-)  
 8 Bulgaria Applies (+) Applies (X) Applies  
Burkina Faso Applies (+) Applies 
(14th January 1988)  Designated 
Burundi Applies Applies (-) (Y)  (-) 
Cambodia Applies Applies (-) 
(13th October 2004)  (-) 
Cameroon Applies Applies (-) (Y)  (-) 
Canada Applies (+) Applies (Y)  Designated 
Cape Verde Applies (+) Applies (3rd July 
1997)  Designated 
Central African 
Republic Applies Applies (-) (Y)   (-) 
Chad Applies Applies (-) 
(19th October 1996)  (-) 
Chile Applies (+) Applies 
(5th September 1974)  Designated(#) 
China Applies(-) Applies (-) 
(11th December 2001)  Deemed(#) 
Colombia Applies (+) Applies 
(17th September 1976)  Designated 
Comoros Applies    
Congo Applies (+) Applies 
(18th May 1964)  Designated(*) 
Costa Rica Applies (+) Applies 
(9th September 1971)  Designated(#) 
Cote d’Ivoire Applies Applies (-) (Y)  (-) 
Croatia Applies (+) Applies (20th April 
2000)  Designated 
Cuba Applies Applies (-) (Y)  (-) 
Cyprus Applies (+) Applies (X) Applies  
Czech Republic Applies (+) Applies (X) Applies  
Democratic 
Republic of the 
Congo Applies Applies (-) 
(1st January 1997)  (-) 
Denmark Applies (+) Applies (X) 
 Applies  
Djibouti Applies Applies (-) (Y)  (-) 
Dominica Applies (+) Applies (Y)  Designated 
Dominican 
Republic Applies (+) Applies 
(27th January 1987)  Designated 
Ecuador Applies (+) Applies 
(18th May 1964)  Designated 
Egypt Applies Applies (-) (Y)  (-) 
El Salvador Applies (+) Applies 
(29th June 1979)  Designated 
Equatorial 
Guinea Applies    
Estonia Applies (+) Applies (X) Applies  
Faeroe Islands Applies Applies 
(1st February 1962)  Designated 
Fiji Applies (+) Applies 
(11th April 1972)  Designated(*)  
 9 Finland Applies (+) Applies (X) Applies  
France 
(including 
Overseas 
Departments 
and Territories) Applies (+) Applies (X) Applies  
Gabon Applies (-) Applies (-) (Y)  Deemed 
Gambia Applies Applies (-) 
(23rd October 1996)  (-) 
Georgia Applies (+) Applies 
(14th August 2004)  Designated 
Germany Applies (+) Applies (X) Applies  
Ghana Applies (+) Applies (-) (Y)  Deemed  
Gibraltar Applies (+) Applies (X) Applies Designated 
Greece Applies (+) Applies (X) Applies  
Greenland Applies Applies 
(1st February 1962)  Designated 
Grenada Applies Applies (-) 
(22nd February 1996)  (-) 
Guatemala Applies (+) Applies 
(14th January 1977)  Designated 
Guinea Applies (-) Applies (-) (Y)  Deemed 
Guinea-Bissau Applies Applies (-) (Y)  (-) 
Guyana Applies Applies (-) (Y)  (-) 
Haiti Applies Applies (-) 
(30th January 1996)  (-) 
Holy See Applies    
Honduras Applies (+) Applies 
(16th February 1990)  Designated 
Hong Kong Applies (+) Applies (X)  (-) 
Hungary Applies (+) Applies (X) Applies  
Iceland Applies (+) Applies 
(X) Applies Designated(*) 
India Applies (+) Applies (-) (Y)  (-) 
Indonesia Applies (+) Applies (X) Applies Deemed 
Ireland Applies (+) Applies (X) Applies  
Isle of Man Applies (+) Applies (X) Applies Designated 
Israel Applies (+) Applies (Y)  Designated 
Italy Applies (+) Applies (X) Applies  
Jamaica Applies (+) Applies 
(27th January 1994)  Designated 
Japan Applies (+) Applies 
(26th October 1989)  Designated 
Jersey, the 
Balliwick of Applies (+) Applies (X) Applies  
Jordan Applies (-) Applies (-) 
(11th April 2000)  Deemed 
Kazakhstan Applies (-)   Deemed 
Kenya Applies Applies (-) (Y)  (-)  
 10Korea, 
Democratic 
People’s 
Republic of Applies    
Korea, Republic 
of Applies(+) Applies 
(18th March 2009)  Designated(#) 
Kuwait Applies Applies (-) (Y)  (-) 
Kyrgyzstan Applies (+) Applies 
(20th December 1998)  Designated 
Lao People’s 
Democratic 
Republic Applies Applies (-) 
3rd February 2013  (-) 
Latvia Applies (+) Applies (X) Applies  
Lebanon Applies (+) Applies 
(12th August 1997)  Designated 
Lesotho Applies (+) Applies 
(26th January 1990)  Designated 
Liberia Applies(+) Applies 
(16th December 2005)  Designated 
Libyan Arab 
Jamahiriya Applies    
Liechtenstein Applies (+) Applies (X) Applies Designated 
Lithuania Applies (+) Applies (X) Applies  
Luxembourg Applies (+) Applies (X) Applies  
Macao Applies Applies (-) (Y)  (-) 
Macedonia, The 
Former 
Yugoslav 
Republic of Applies (+) Applies 
(2nd March 1998)  Designated(*)(#) 
Madagascar Applies Applies (-) (Y)  (-) 
Malawi Applies (+) Applies 
(22nd June 1989)  Deemed (-) 
Malaysia Applies (+) Applies (X)  Deemed 
Maldives Applies Applies (-) (Y)  (-) 
Mali Applies (-) Applies (-) (Y)  Deemed 
Malta Applies (+) Applies (X) Applies  
Mauritania Applies Applies (-) (Y)  (-) 
Mauritius Applies Applies (-) (Y)  (-) 
Mexico Applies (+) Applies 
(18th May 1964)  Designated 
Micronesia, 
Federated States 
of Applies    
Moldova, 
Republic of Applies (+) Applies 
(5th December 1995)  Designated 
Monaco Applies (+) Applies 
(6th December 1985)  Designated(*) 
Mongolia Applies (-) Applies (-) 
(29th January 1997)  Deemed 
Montenegro Applies (+) Applies 
(10th June 2003)  Designated 
Morocco Applies (-) Applies (-) (Y)  Deemed 
Mozambique Applies Applies (-) (Y)  (-)  
 11Myanmar Applies Applies (-) (Y)  (-) 
Namibia Applies Applies (-) (Y)  (-) 
Nepal Applies Applies (-) 
(23rd April 2004)  (-) 
Netherlands Applies (+) Applies (X) Applies  
Netherlands 
Antilles, 
Curacao, Sint 
Maarten and 
Aruba Applies Applies (-) (Y)  Deemed 
New Zealand Applies (+) Applies (-) (Y)  (-) 
Nicaragua Applies (+) Applies (Y)  Designated 
Niger Applies (+) Applies 
(18th May 1964)  Designated(*) 
Nigeria Applies (+) Applies 
(29th October 1993)  Designated 
Norway Applies (+) Applies 
(X) Applies Designated 
Oman Applies Applies (-) 
(9th November 2000)  Deemed 
Pakistan Applies (+) Applies (-) (Y)  (-) 
Panama Applies (+) Applies 
(2nd September 1983)  Designated 
Papua New 
Guinea Applies Applies (-) 
(9th June 1996)  Deemed (-) 
Paraguay Applies (+) Applies 
(26th February 1970)  Designated 
Peru Applies (+) Applies 
(7th August 1985)  Designated 
Philippines Applies (+) Applies 
(25th September 1984)  Designated 
Poland Applies (+) Applies (X) Applies  
Portugal Applies (+) Applies (X) Applies  
Qatar Applies Applies (-) 
(13th January 1996)  Deemed 
Romania Applies (+) Applies (X) Applies  
Russian 
Federation Applies (+) Applies 
(26th May 2003)  Designated 
Rwanda Applies Applies (-) 
(22nd May 1996)  (-) 
Saint Kitts and 
Nevis Applies Applies (-) 
(21st February 1996)  (-) 
Saint Lucia Applies (+) Applies (Y)  Designated 
Saint Vincent 
and the 
Grenadines Applies (-) Applies (-) (Y)  Deemed 
Samoa Applies Applies (-) 
10th May 2012  (-) 
Saudi Arabia Applies Applies (-) 
(11th December 2005)  (-) 
Senegal Applies (-) Applies (+)(Y)  Deemed  
 12Serbia Applies (+) Applies 
(10th June 2003)  Designated 
Sierra Leone Applies Applies (-) (Y)  (-) 
Singapore Applies (-) Applies (X) Applies Deemed(#) 
Slovak Republic Applies (+) Applies (X) Applies  
Slovenia Applies (+) Applies (X) Applies  
Solomon 
Islands Applies Applies (-) 
(26th July 1996)  Deemed (-) 
South Africa Applies Applies (-) (Y)  (-) 
Spain Applies (+) Applies (X) Applies  
Sri Lanka Applies Applies (-) (Y)  (-) 
Sudan Applies    
Suriname Applies Applies (-) (Y)  (-) 
Swaziland Applies Applies (-) (Y)  (-) 
Sweden Applies (+) Applies (X) Applies   
Switzerland Applies (+) Applies (X) Applies Designated 
Syrian Arab 
Republic Applies (+) Applies 
(13th May 2006)   Designated 
Taiwan Applies (+) Applies (-) 
(1st January 2002)  (-) 
Tajikistan Applies(+) Applies 
(19th May 2008)  Designated 
Tanzania, 
United Republic 
of Applies Applies (+)(Y)  (-) 
Thailand Applies (+) Applies (-) (Y)  (-) 
Togo Applies (+) Applies (Y)  Designated 
Tonga Applies Applies (-) 
(27th July 2007)  (-) 
Trinidad and 
Tobago Applies (-) Applies (-) (Y)  Deemed 
Tunisia Applies Applies (-) (Y)  (-) 
Turkey Applies (+) Applies (Y)  Designated 
Uganda Applies Applies (-) (Y)  (-) 
Ukraine Applies (+) Applies 
(12th June 2002)  Designated 
United Arab 
Emirates Applies (+) Applies 
(10th April 1996)  Designated 
United States of 
America 
(including 
Puerto Rico and 
all territories 
and 
possessions) Applies (-) Applies (-) (Y)  Deemed(#) 
Uruguay Applies (+) Applies 
(4th July 1977)  Designated 
Uzbekistan Applies    
Vanuatu Applies Applies (-) 
(24th August 2012)  (-) 
Venezuela Applies (+) Applies (Y)  Designated  
 13Vietnam Applies (+) Applies 
(1st March 2007)  Designated(*) 
Yemen Applies    
Zambia Applies Applies (-) (Y)  (-) 
Zimbabwe Applies Applies (-) (Y)  (-) 
 
 
EXPLANATORY NOTE 
(This note is not part of the Order) 
Part I of the Copyright, Designs and Patents Act 1988 (“the Act”) confers copyright on the 
creators of certain works. Part II 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 I to works 
originating from other countries and to confer on certain countries reciprocal  protection under Part 
II. This Order provides a consolidated list of countries in relation to which provisions of the Act 
apply. In this Order the term “country” includes any territory, by virtue of sections 178 and 211 of 
the Act. 
This Order revokes the Copyright and Performances (Application to Other Countries) Order 
2012 (“the 2012 Order”) and the Copyright and Perfor mances (Application to Other Countries) 
(Amendment) Order 2012 (article 1(3)). 
Changes in the Table from the 2012 Order include the following: 
1) entries in relation to Samoa and Lao People’s Democratic Republic in columns 3 and 5 
following their accession to WTO TRIPS on 10th May 2012 and 2nd February 2013 
respectively; 
2) entries in relation to Vanuatu following its accession to WTO TRIPS on 24th August 
2012 and to the Berne Convention on 27th December 2012; and 
3) amendments to the entries in the fifth column in relation to Malaysia and Ghana 
following their accession to the WPPT on 27th December 2012 and 16th February 2013 respectively. 
Powers under section 2(2) of the European Communities Act 1972 are used to implement 
obligations arising under the WTO TRIPS and the WPPT. Under section 1(3) of the European Communities Act 1972, the Agreement establishi ng the World Trade Organisation and the WPPT 
have been specified as EU Treaties in the following instruments: the European Communities (Definition of Treaties) (The Agreement Estab lishing the World Trade Organisation) Order 1995 
(S.I. 1995/265) and the European Communities (Definition of Treaties) (WIPO Copyright Treaty 
and WIPO Performances and Phonograms Treaty) Order 2005 (S.I. 2005/3431). Both the European Union and the United Kingdom have now ratified the WPPT. 
By virtue of section 153(3) of the Act this Order  will not affect works in which copyright 
already subsists. Further, by virtue 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  applies the provisions of Part I to copyright  works in relation to the relevant countries. 
Any exceptions or modifications to the application of Pa rt I to copyright works in relation to the 
relevant countries are set out in articles 3 to 5. 
Literary, dramatic, musical and artistic works, films and typographical arrangements of 
published editions qualify for copyright protection under Part I where they are connected to the 
countries indicated in the first column of the Table (article 2(1)). All of those countries are parties 
to the Berne Convention or to the Universal Copyright Convention (as revised in 1971) (Cmnd. 
5844) or to the WTO TRIPS or are member States of the European Economic Area or otherwise 
give adequate protection under their laws.   
 14Sound recordings qualify for copyright protection under  Part I where they are connected to the 
countries indicated by an entry in the second column of the Table (article 2(2)). The protection 
extends to lending, playing in public or broadcasti ng if the entry in the second column includes a 
plus sign (+). All such countries are parties to the Rome Convention or are member States of the 
European Economic Area or otherwise give  adequate protection under their laws. 
Where the entry for a country in the second column of the Table does not include a plus (+) or 
minus (-) sign, the country is neither a party to the Rome Convention nor to the WPPT but is a 
party to the Berne Convention or the WTO TRIPS or both. Accordingly, the provisions of Part I, 
in so far as they relate to sound recordings, apply in relation to that country, except for those 
provisions set out in article 4(1). 
Different protection is given to those countries where a minus sign (-) is included in the second 
column of the Table (article 4(2)). All such countries are parties to the WPPT, but not parties to 
the Rome Convention. All the provisions of Part  I apply to sound recordings in relation to 
countries party to the WPPT, except that sections 20 and 107(2) of the Act do not apply to 
broadcasts as these are not covered by the WPPT and secti on 18A of the Act only applies to rental 
as lending is not covered by the WPPT.   
Wireless broadcasts qualify for copy right protection under Part I where they are connected to the 
countries indicated by an entry in  the third column of the Table. These countries are parties to the 
Rome Convention or are member States of the European Economic Area or otherwise give 
adequate protection under their laws, unless a minus sign (-) is included in the third column of the 
Table. 
As indicated in article 5, the countries marked by  a minus sign (-) in the third column of the 
Table receive more limited protection. These countries are parties to the WTO TRIPS, but not to 
the Rome Convention. 
Protection does not extend to wireless broadcast s made before the specified dates. By virtue of 
paragraph 9(a) of Schedule 1 to the Act, protection never extends to such broadcasts made before 
1st June 1957 and this is reflected in article 5(2) and (3)(a) and the letter “(X)” in the third column 
of the Table. Countries which qualify for protection in relation to wireless broadcasts by virtue of 
their membership of the WTO TRIPS on its comi ng into force on 1st January 1996 are indicated 
by the letter “(Y)” in the third co lumn of the Table (article 5(3)(b)). 
Broadcasts (other than wireless broadcasts) qualify for copyright protection where they are 
connected to the countries indicated in th e fourth column of the Table. These countries are 
member States of the European Economic Area or ot herwise give adequate protection under their 
laws. By virtue of paragraph 9(b) of Schedule 1 to the Act, protection does not extend to such 
broadcasts made before 1st January 1985. 
Article 6(1) provides that performances and persons hav ing recording rights in relation to a 
performance qualify for protection under Part II wh ere they are connected to the countries 
indicated by the word “designated” in the fi fth column of the Table. These are the countries 
“designated” as enjoying full prot ection. These are countries which are parties to the Rome 
Convention and have not made a relevant declara tion under the Rome Convention or which have 
made or will make provision giving adequate protection for British performances under their laws. 
Where a country is not a party to the Rome Convention, but is a party to the WPPT and has not 
made a relevant declaration under the WPPT, the provisions of Part II apply, with certain 
limitations referred to in article 6(2). These countri es are indicated by the word “deemed” in the 
fifth column of the Table. 
Where a country is neither a party to the Rome Convention nor the WPPT but is a party to the 
WTO TRIPS, more limited protection is granted under Part II as provided in article 6(3). This is 
indicated by the minus sign (-) in  the fifth column of the Table. 
The effect of the relevant declarations to the Rome Convention and the WPPT are clarified in 
articles 6(4) and (5) and 7(3) and (4).  The Order implements paragraph (3)(b) of the UK  
 15declaration made under Article 16(1) of the Rome Conv ention, (United Nations Treaty Series, vol. 
496). 
Where a country is a party to the Rome Conv ention but has made a relevant declaration under 
that Convention, the country is treated as if it were designated, except that Part  II will not protect 
the right under Article 12 of the Rome Convention to  the extent that the declaration is in force in 
the law of that country in relation to British performances, unless the sound recording in question 
has been first published in a country which is a party to the Rome Convention and has not made a 
relevant declaration under that Convention. These count ries are indicated by including an asterisk 
(*) in the fifth column of the Table. 
Where a country is a party to the WPPT and has made a relevant declaration under the WPPT, 
the country shall be treated as if it were deemed as enj oying protection under Part II, except to the 
extent the declaration is in force in the law of th at country in relation to British performances. 
These countries are indicated by including a hash sign (#) in th e fifth column of the Table. 
A member State of the European Union is a qualifying country for the purposes of Part II by 
virtue of section 206(1)(b) of the Act. 
Article 8 is a savings provision. 
No impact assessment has been produced for this instrument as no impact on the private or 
voluntary sectors is foreseen. An Explanatory Memo randum is available alongside the instrument 
on www.legislation.gov.uk. 
____________________________________________________________________________________________________________ 
 
¤ Crown copyright 2013 
Printed and published in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo, Contro ller 
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E6094 03/2013 136094T 19585 9 780111 536971ISBN 978-0-11-153697-1STATUTORY INSTRUMENTS 
2013 No. 536 
COPYRIGHT 
RIGHTS IN PERFORMANCES 
The Copyright and Performances (Application to Other 
Countries) Order 2013