Statutory Instrument 1988 No. 1855

The Copyright (International Conventions) (Amendment No. 3) Order 1988

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© Crown Copyright 1988

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1988 No. 1855

COPYRIGHT

The Copyright (International Conventions) (Amendment No. 3) Order 1988

At the Court at Buckingham Palace, the 26th day of October 1988

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, by virtue of the authority conferred upon Her by sections 31, 32 and 47 of the Copyright Act 1956^[1] , is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

    1.    This Order may be cited as the Copyright (International Conventions) (Amendment No. 3) Order 1988 and shall come into force on 24th November 1988.

    2.    The Copyright (International Conventions) Order 1979^[2] shall be amended as follows:
 (a) in Article 4(3)(a) (which names the countries in respect of which Article 4 does not apply) there shall be included a reference to St. Vincent and the Grenadines;
 (b) in Schedule 2 (which names the countries party to the Universal Copyright Convention but not members of the Berne Copyright Union)—
 (i) there shall be included a reference to St. Vincent and the Grenadines, and
 (ii) the dates indicated in relation to Algeria and El Salvador shall be amended to 28th August 1973 and 29th March 1979 respectively;
 (c) in Schedule 3 (which names countries in the case of which copyright in sound recordings includes exclusive right to perform in public and to broadcast) there shall be included references to Burkina, the People's Republic of the Congo, the Dominican Republic, Luxembourg, Monaco, Niger and Peru;
 (d) in each of Schedules 4 and 5 (which name countries of which the broadcasting organisations have copyright protection in relation to sound and television broadcasts respectively)—
 (i) there shall be included references to Burkina, the Dominican Republic, Monaco and Peru with related references respectively to 14th January 1988, 27th January 1987, 6th December 1985 and 7th August 1985, and
 (ii) the date indicated in relation to each of the countries set out in the first column of Schedule 1 to this Order shall be amended to the date set against the name of that country in the second column of that Schedule;
 (e) in Schedule 4, the dates indicated in relation to Norway and Sweden shall be amended to 10th July 1978 and 18th May 1964 respectively;
 (f) in paragraph 2 of Schedule 7 (which modifies Schedules 4 and 5 in their extension to Bermuda), for subparagraphs (b) and (c) there shall be substituted the following:
"(b) in Schedule 5, the names of Belgium, Cyprus and Spain shall be omitted;


  and
(c) the date mentioned in the second column in the said Schedule 5 shall be altered to:—
(i) 23rd August 1969, in relation to Brazil, Congo (People's Republic), Czechoslovakia, Denmark, Ecuador, Federal Republic of Germany (and Berlin (West)), Mexico, Niger and Sweden;

(ii) 23rd August 1978, in relation to Norway;

(iii) 3rd July 1987, in relation to France" ; and

 (g) in paragraph 3 of Schedule 7 (which modifies Schedules 4 and 5 in their extension to Gibraltar) there shall be included in each of subparagraphs (a) and (b) a reference to the Federal Republic of Germany (and Berlin (West)).

    3.    Where any person has before the commencement of this Order incurred any expenditure or liability in connection with the reproduction or performance of any work or other subject matter in a manner which at the time was lawful, or for the purpose of or with a view to the reproduction or performance of a work at a time when such reproduction or performance would, but for the making of this Order, have been lawful, nothing in this Order shall diminish or prejudice any right or interest arising from or in connection with such action which is subsisting and valuable immediately before the commencement of this Order unless the person who by virtue of this Order becomes entitled to restrain such reproduction or performance agrees to pay such compensation as, failing agreement, may be determined by arbitration.

    4.—(1)  This Order, except for paragraphs (d), (e), (f) and (g) of Article 2, shall extend to the countries mentioned in Schedule 2 to this Order.

    (2)  Paragraphs (d) and (e) of Article 2 shall extend to Bermuda and Gibraltar; paragraph (f) shall extend to Bermuda; and paragraph (g) shall extend to Gibraltar.

G. I. de Deney

Clerk of the Privy Council

[1] 1956 c. 74. back

[2] S.I. 1979/1715; the relevant amending instrument is S.I. 1987/2060. back

Explanatory Note