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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 and Patents Act 1988[1], 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 -
(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).
(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 1999[2] is hereby revoked. Isle of Man. Albania Argentina Armenia Australia Barbados Bolivia Brazil Bulgaria Burkina Faso Canada Cape Verde Chile Colombia Congo Costa Rica Croatia Czech Republic Dominica Dominican Republic Ecuador El Salvador Estonia Faeroe Islands Fiji Greenland Guatemala Honduras Hungary Iceland Israel Jamaica Japan Latvia Lebanon Lesotho Liechtenstein Lithuania Macedonia Mexico Moldova Monaco Nicaragua Niger Nigeria Norway Panama Paraguay Peru Philippines Poland Romania Saint Lucia Slovak Republic Slovenia Switzerland Ukraine Uruguay Venezuela Antigua and Barbuda Angola Bahrain Bangladesh Belize Benin Botswana Brunei Darussalam Burundi Cameroon Central African Republic Chad China Cote D'Ivoire Cuba Cyprus Democratic Republic of Congo Djibouti Egypt Gabon Gambia Georgia Ghana Grenada Guinea Guinea-Bissau Guyana Haiti Hong Kong India Indonesia Jordan Kenya Korea, Republic of Kuwait Kyrgyz Republic Macau Madagascar Malawi Malaysia Maldives Mali Malta Mauritania Mauritius Mongolia Morocco Mozambique Myanmar Namibia 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 Zambia Zimbabwe. (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 a performance. A performance is a qualifying performance for the purposes of Part II of the Act if it is given by a qualifying individual or takes place in a qualifying country. In Part II of the Act "qualifying country" means the United Kingdom, another member State of the European Community or, to the extent that an Order under section 208 so provides, a country designated under 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 Rome Convention since the making of the 1999 Order. This Order revokes and replaces the 1999 Order 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 arising therefrom. China, Georgia, Jordan, Oman and Taiwan have become parties to the WTO Agreement since the making of the 1999 Order. This Order revokes and replaces the 1999 Order to 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. Notes: [1] 1988 c. 48.back
ISBN 0 11 045425 1
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