1.-(1) This Order may be cited as the Performances (Reciprocal Protection) (Convention Countries) Order 1995 and articles 1, 2(a) and 4 shall come into force on 15th December 1995 and articles 2(b) and 3 shall come into force on 1st January 1996.

(2) In this Order-

"the Act" means the Copyright, Designs and Patents Act 1988.

2. The countries specified in:

(a)Part 1, and

(b)subject to article 3 below, Part 2,

of the Schedule to this Order are designated as enjoying reciprocal protection under Part II of the Copyright, Designs and Patents Act 1988 (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 2 of the Schedule to this Order, that Part shall apply only to the extent that 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

(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 1994(2) is hereby revoked.

Article 2

SCHEDULE

(Article 2(a))

Part 1

Argentina

Australia

Austria

Barbados

Bolivia

Brazil

Bulgaria

Burkina Faso

Chile

Colombia

Congo

Costa Rica

Czech Republic

Denmark (including Greenland and the Faeroe Islands)

Dominican Republic

Ecuador

El Salvador

Fiji

Finland

France (including all Overseas Departments and Territories)

Germany

Greece

Guatemala

Honduras

Hungary

Iceland

Ireland, Republic of

Italy

Jamaica

Japan

Lesotho

Luxembourg

Mexico

Moldova

Monaco

Netherlands

Niger

Nigeria

Norway

Panama

Paraguay

Peru

Philippines

Slovak Republic

Spain

Sweden

Switzerland

Uruguay

(Articles 2(b) and 3)

Part 2

Antigua and Barbuda

Bahrain

Bangladesh

Belgium

Belize

Botswana

Brunei Darussalam

Burundi

Canada

Central African Republic

Côte D'Ivoire

Cuba

Cyprus

Djibouti

Dominica

Egypt

Gabon

Ghana

Guinea

Guinea-Bissau

Guyana

Hong Kong

India

Indonesia

Israel

Kenya

Korea, Republic of

Kuwait

Liechtenstein

Macau

Malawi

Malaysia

Maldives

Mali

Malta

Mauritania

Mauritius

Morocco

Mozambique

Myanmar

Namibia

New Zealand

Nicaragua

Pakistan

Poland

Portugal

Romania

Saint Lucia

Saint Vincent and the Grenadines

Senegal

Sierra Leone

Singapore

Slovenia

South Africa

Sri Lanka

Suriname

Swaziland

Tanzania

Thailand

Togo

Trinidad and Tobago

Tunisia

Turkey

Uganda

United States

Venezuela

Zambia

Zimbabwe

Explanatory Note

(This note is not part of the Order)

The Performances (Reciprocal Protection) (Convention Countries) Order 1994 (S.I. 1994/264) designated certain countries, all parties to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (the Rome Convention) (Cmnd. 2425), as enjoying reciprocal protection under Part II of the Copyright, Designs and Patents Act 1988 (rights in performances).

Bulgaria, Hungary, Iceland, Jamaica and Moldova have become parties to the Rome Convention since the making of the 1994 Order. This Order revokes and replaces the 1994 Order to include those countries in the list of designated countries.

The Order also makes provision consequent upon the entry into force for the United Kingdom of the Agreement Establishing the World Trade Organisation (Cm. 2556-59, 2561-69, 2571-74) and the more limited reciprocal obligations in respect of rights in performances arising therefrom under the Agreement on Trade-Related Aspects of Intellectual Property Rights which are to take effect on 1st January 1996.