S T A T U T O R Y  I N S T R U M E N T S  
2021 No. 636 
COPYRIGHT 
RIGHTS IN PERFORMANCES 
The Copyright and Performances (Application to Othe r 
Countries) (Amendment) Order 2021 
Made  - - - - 26th May 2021 
Laid before Parliament  2nd June 2021 
Coming into force  - - 26th June 2021 
 
At the Court at Windsor Castle, the 26th day of May  2021 
Present, 
The Queen’s Most Excellent Majesty in Council 
Her Majesty, by and with the advice of Her Privy Co uncil, in exercise of the powers conferred on 
Her by sections 159 and 208 of the Copyright, Desig ns and Patents Act 1988( a) (“the Act”) makes 
the following Order. 
Her Majesty is satisfied that, to the extent that t his Order relates to a country that is not— 
(a) in relation to copyright, a country party to th e Berne Convention( b) or to the World Intellectual 
Property Organisation Performances and Phonograms T reaty( c) or a member of the World Trade 
Organisation, or 
(b) in relation to copyright and performances, a co untry party to the International Convention for 
the Protection of Performers, Producers of Phonogra ms and Broadcasting Organisations( d) or 
otherwise a Convention country( e), 
provision has been or will be made under the law of  that country giving adequate protection to the 
owners of copyright under Part 1, and to the owners  of rights in respect of British performances( f) 
under Part 2, of the Act. 
                                                                                                                                            
(a) 1988 c. 48. Section 159 was substituted, section 206(4) was inserted and section 208 was amended by section 22 of the 
Intellectual Property Act 2014 (c. 18) (“the 2014 A ct”). 
(b) Cm.1212; “Berne Convention” is defined in section  159(9) of the Copyright, Designs and Patents Act 1 988 (“the 1988 
Act”); section 159 of that Act was substituted by s ection 22(4) of the 2014 Act. 
(c) Cm. 3728. 
(d) Cm. 2425. 
(e) “Convention country” is defined in section 208(2)  of the 1988 Act. 
(f) “British performances” is defined in section 208( 3) of the 1988 Act.  2Citation and commencement 
1.  This Order may be cited as the Copyright and Perfo rmances (Application to Other Countries) 
(Amendment) Order 2021 and comes into force on 26th  June 2021. 
Amendment of the Copyright and Performances (Applic ation to Other Countries) Order 
2016 
2. —(1) The Copyright and Performances (Application to  Other Countries) Order 2016( a) is 
amended as follows. 
(2)  In article 8 (application to broadcasts of Part 1 o f the Act under section 159(4) – 
miscellaneous countries)( b), 
(a)  for paragraph (1), substitute— 
“(1) This paragraph applies to a member State, Indo nesia, Singapore, South Korea, and 
Ukraine.”; 
(b)  for paragraph (2), substitute 
“(2) This paragraph applies to a member State, Hong  Kong, Indonesia, Malawi, Malaysia 
and Singapore.”; 
(3)  After article 12, insert— 
“Application of Part 2 of the Act to Malta 
12A.  Malta is designated as enjoying reciprocal protect ion under Part 2 of the Act.”. 
(4)  In the Schedule— 
(a)  in Part 1 (application to sound recordings of Part 1 of the Act – miscellaneous countries), 
in the list— 
(i)  after “Malaysia” insert “Malta”; and 
(ii)  after “Pakistan” insert “Singapore”. 
(b)  in Part 2 (application of Part 2 of the Act under a rticles 11 and 12 of the 2016 Order( c) – 
countries which are not parties to the Rome Convent ion), in the table— 
(i)  in the row relating to Afghanistan, in the right-ha nd column, for “12” substitute “11” 
(ii)  in the row relating to Brunei Darussalam, in the ri ght-hand column, for “12” 
substitute “11”; 
(iii)  after the row relating to China, insert— 
 
“Cook Islands Article 11 
Comoros Article 11”; 
(iv)  in the row relating to India, in the right-hand col umn, for “12” substitute “11”; 
(v)  after the row relating to Kenya, insert— 
 
“Kiribati Article 11”; 
(vi)  in the row relating to New Zealand, in the right-ha nd column, for “12” substitute 
“11”; 
                                                                                                                                            
(a) S.I. 2016/1219. 
(b) Part 1 of the 1988 Act makes provision in relatio n to copyright. Article 8 of the Copyright and Perf ormances (Application to 
Other Countries) Order 2016 applies that Part 1 to broadcasts in relation to the countries listed and in the manner set out in 
the article.  
(c) Part 2 of the 1988 Act makes provision in relatio n to performances. Article 11 applies provisions of  that Part 2 to certain 
countries which are party to the World Intellectual  Property Organisation Performances and Phonograms Treaty adopted in 
Geneva on 20th December 1996. Article 12 applies wi th modifications provisions of that Part 2 to certa in countries which 
are members of the World Trade Organisation  3(vii)  after the row relating to Samoa, insert— 
 
“San Marino Article 11 
Sao Tome and Principe, Democratic 
Republic of Article 11”; 
(viii)  after the row relating to the United States of Amer ica, insert— 
 
“Uzbekistan Article 11”; 
(ix)  in the row relating to Vanuatu, in the right-hand c olumn, for “12” substitute “11”. 
 
 
 
 Richard Tilbrook  
 Clerk of the Privy Council 
 
EXPLANATORY NOTE 
(This note is not part of the Order) 
Part 1 of the Copyright, Designs and Patents Act 19 88 (“the Act”) confers the protection of 
copyright on the creators of certain works (“Part 1  protections”). It applies to works originating 
from certain countries and is applied by the Copyri ght and Performances (Application to Other 
Countries) Order 2016 (“the 2016 Order”), made unde r powers conferred by the Act, to works 
originating from certain other countries. Part 2 of  the Act confers the protection of rights on 
performers and persons having recording rights in r elation to a performance (“Part 2 protections”). 
It applies to peformances connected with certain co untries and is also applied by the 2016 Order to 
performances connected with certain other countries . 
This Order amends the 2016 Order as follows. Articl e 2(2) amends article 8 of the 2016 Order to 
provide for the application of Part 1 protections b oth to wired and wireless broadcasts relating to a 
EU state, in each case in the manner set out in rel evant provisions of that amended article. Article 
2(3) inserts a new provision into the 2016 Order to  apply the Part 2 protections to Malta. Article 
2(4)(a) amends the 2016 Order to provide for the ap plication of Part 1 protections to sound 
recordings relating to Malta and Singapore. These c hanges implement obligations to which the 
United Kingdom is subject under its trade agreement s with other countries. 
Article 2(4)(b) amends the list in the 2016 Order o f countries which are not parties to the Rome 
Convention for the Protection of Performers, Produc ers of Phonograms and Broadcasting 
Organisations but have become parties to the World Intellectual Property Organisation 
Performance and Phonograms Treaty (WPPT) to which c ertain Part 2 protections apply in 
accordance with article 11 of the 2016 Order. These  changes implement the United Kingdom’s 
obligations to protect performances connected with WPPT countries. 
No impact assessment has been produced for this ins trument as no significant impact on the 
private or voluntary sector is foreseen. An explana tory memorandum is available alongside this 
instrument on the Legislation UK website at www.leg islation.gov.uk. 
  
  
© Crown copyright 2021 
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