STATUTORY INSTRUMENTS
2003 No. 773
RIGHTS IN PERFORMANCES
The Performances (Reciprocal Protection) (Convention
Countries and Isle of Man) Order 2003
Made - - - - - 20th March 2003
Laid before Parliament 1st April 2003
Coming into force - - 22nd April 2003
At the Court at Buckingham Palace, the 20th day of March 2003
Present,
The Queen’s Most Excellent Majesty in Council
Whereas Her Majesty is satisﬁed that provision has been or will be made giving adequate
protection for British performances under the law of the Isle of Man,
Now therefore, Her Majesty, by and with the advice of Her Privy Council, and by virtue of
the authority conferred upon Her by section 208(1)(a) and (b) of the Copyright, Designs andPatents Act 1988( a), is pleased to order, and it is hereby ordered, as follows:
1.—(1) This Order may be cited as the Performances (Reciprocal Protection) (Convention
Countries and Isle of Man) Order 2003 and shall come into force on 22nd April 2003.
(2) In this Order “the Act” means the Copyright, Designs and Patents Act 1988.
2. The countries speciﬁed in—
(a) Parts 1 and 2, and
(b) subject to article 3 below, Part 3,
of the Schedule to this Order are designated as enjoying reciprocal protection under Part II of
the Act (rights in performances).
3. In the application of Part II of the Act by virtue of article 2(b) above in relation to those
countries speciﬁed in Part 3 of the Schedule to this Order, that Part shall apply only to the extentthat it confers rights on a performer in respect of—
(a) the making of—
(i) a sound recording directly from a live performance of his;
(ii) a copy of that sound recording; and
a)( 1988 c. 48.
1(b) the broadcast live, or the inclusion live in a cable programme service, of a
performance of his.
4. The Performances (Reciprocal Protection) (Convention Countries) Order 1999( a)i s
hereby revoked.
A. K. Galloway,
Clerk of the Privy Council
a)( S.I. 1999/1752.
2SCHEDULE Article 2
Part 1
(Article 2(a))
Isle of Man.
Part 2
(Article 2(a))
Albania
ArgentinaArmenia
Australia
Barbados
Bolivia
Brazil
Bulgaria
Burkina Faso
Canada
Cape VerdeChile
Colombia
Congo
Costa Rica
Croatia
Czech Republic
Dominica
Dominican Republic
Ecuador
El Salvador
Estonia
Faeroe Islands
Fiji
Greenland
Guatemala
Honduras
Hungary
Iceland
Israel
JamaicaJapan
Latvia
Lebanon
Lesotho
Liechtenstein
Lithuania
MacedoniaMexico
Moldova
Monaco
3Nicaragua
Niger
Nigeria
Norway
Panama
Paraguay
Peru
Philippines
Poland
Romania
Saint Lucia
Slovak Republic
Slovenia
Switzerland
Ukraine
Uruguay
Venezuela
Part 3
(Articles 2(b) and (3))
Antigua and Barbuda
Angola
Bahrain
Bangladesh
Belize
Benin
Botswana
Brunei DarussalamBurundiCameroon
Central African Republic
Chad
China
Cote D’Ivoire
Cuba
Cyprus
Democratic Republic of CongoDjibouti
Egypt
Gabon
Gambia
Georgia
Ghana
Grenada
Guinea
Guinea-BissauGuyanaHaitiHong Kong
4India
Indonesia
Jordan
Kenya
Korea, Republic of
Kuwait
Kyrgyz Republic
Macau
Madagascar
Malawi
Malaysia
Maldives
Mali
Malta
Mauritania
Mauritius
Mongolia
Morocco
Mozambique
MyanmarNamibia
New Zealand
Oman
Pakistan
Papua New Guinea
Qatar
Rwanda
Saint Kitts and Nevis
Saint Vincent and the Grenadines
Senegal
Sierra Leone
Singapore
Solomon Islands
South Africa
Sri Lanka
Suriname
Swaziland
Taiwan
Tanzania
Thailand
Togo
Trinidad and Tobago
Tunisia
Turkey
Uganda
United Arab Emirates
United States of America
ZambiaZimbabwe.
5EXPLANATORY NOTE
(This note is not part of the Order)
Part II of the Copyright, Designs and Patents Act 1988 (rights in performances) (1988 c. 48)
(“the Act”) confers rights on performers and persons having recording rights in relation to aperformance. A performance is a qualifying performance for the purposes of Part II of the Actif it is given by a qualifying individual or takes place in a qualifying country. In Part II of theAct “qualifying country” means the United Kingdom, another member State of the EuropeanCommunity or, to the extent that an Order under section 208 so provides, a country designatedunder that section as enjoying reciprocal protection.
This Order revokes and replaces the Performances (Reciprocal Protection) (Convention
Countries) Order 1999 (S.I. 1999/1752) (“the 1999 Order”).
The 1999 Order designated certain countries, which are parties to the International
Convention for the Protection of Performers, Producers of Phonograms and Broadcasting
Organisations (Cmnd. 2425) (“the Rome Convention”), as enjoying reciprocal protection
under Part II of the Act. Albania, Armenia, Croatia, Dominica, Estonia, Israel, Latvia,Liechtenstein, Lithuania, Nicaragua and Ukraine have become parties to the RomeConvention since the making of the 1999 Order. This Order revokes and replaces the 1999Order to include those countries in the list of designated countries in Part 2 of the Schedule.
The 1999 Order also designated certain countries, which are parties to the Agreement
Establishing the World Trade Organisation (Cmnd. 2556–59, 2561–69, 2571–74) including the
Agreement on Trade-Related Aspects of Intellectual Property Rights (“the WTO Agreement”),as enjoying the more limited reciprocal obligations in respect of rights in performances arisingtherefrom. China, Georgia, Jordan, Oman and Taiwan have become parties to the WTOAgreement since the making of the 1999 Order. This Order revokes and replaces the 1999 Orderto include those countries in the list of designated countries in Part 3 of the Schedule.
This Order also designates the Isle of Man as enjoying reciprocal protection under Part II of
the Act.
67STATUTORY INSTRUMENTS
2003 No. 773
RIGHTS IN PERFORMANCES
The Performances (Reciprocal Protection) (Convention
Countries and Isle of Man) Order 2003
£2.00
?Crown copyright 2003
Printed and published in the UK by The Stationery O Yce Limited
under the authority and superintendence of Carol Tullo, Controller of
Her Majesty’s Stationery O Yce and Queen’s Printer of Acts of Parliament.
E0213 4/2003 130213 19585ISBN 0-11-045425-1
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