The Copyright (Application to Other Countries) Order 1999

Article 2(1) and (2)

SCHEDULE 1COUNTRIES ENJOYING PROTECTION IN RESPECT OF ALL WORKS EXCEPT BROADCASTS AND CABLE PROGRAMMES

(The countries specified in this Schedule either are parties to the Berne Copyright Convention and/or the Universal Copyright Convention and/or the Agreement establishing the World Trade Organisation (including the Agreement on Trade-Related Aspects of Intellectual Property Rights) and/or are member States of the European Community or otherwise give adequate protection under their law.)

• Albania

• Algeria

• Andorra (27th September 1957)

• Angola

• Antigua and Barbuda

• Argentina

• Australia (including Norfolk Island)

• Austria

• Azerbaijan

• Bahamas

• Bahrain

• Bangladesh

• Barbados

• Belarus

• Belgium

• Belize

• Benin

• Bolivia

• Bosnia-Herzegovina

• Botswana

• Brazil

• Brunei Darussalam

• Bulgaria

• Burkina Faso

• Burundi

• Cameroon

• Canada

• Cape Verde

• Central African Republic

• Chad

• Chile

• China (including Hong Kong)

• Colombia

• Congo

• Costa Rica

• Cote d'Ivoire

• Croatia

• Cuba

• Cyprus, Republic of

• Czech Republic

• Democratic Republic of the Congo

• Denmark (including Greenland and the Faeroe Islands)

• Djibouti

• Dominica

• Dominican Republic

• Ecuador

• Egypt

• El Salvador

• Equatorial Guinea

• Estonia

• Fiji

• Finland

• France (including all Overseas Departments and Territories)

• Gabon

• Gambia

• Georgia

• Germany

• Ghana

• Greece

• Grenada

• Guatemala

• Guinea

• Guinea-Bissau

• Guyana

• Haiti

• Holy See

• Honduras

• Hungary

• Iceland

• India

• Indonesia

• Ireland, Republic of

• Israel

• Italy

• Jamaica

• Japan

• Kampuchea (27th September 1957)

• Kazakhstan

• Kenya

• Korea, Republic of

• Kuwait

• Kyrgyz Republic

• Laos (27th September 1957)

• Latvia

• Lebanon

• Lesotho

• Liberia

• Libya

• Liechtenstein

• Lithuania

• Luxembourg

• Macau

• Macedonia

• Madagascar

• Malawi

• Malaysia

• Maldives

• Moldova

• Mali

• Malta

• Mauritania

• Mauritius

• Mexico

• Monaco

• Mongolia

• Morocco

• Mozambique

• Myanmar

• Namibia

• Netherlands (including Aruba and the Netherlands Antilles)

• New Zealand

• Nicaragua

• Niger

• Nigeria

• Norway

• Pakistan

• Panama

• Papua New Guinea

• Paraguay

• Peru

• Philippines

• Poland

• Portugal

• Qatar

• Romania

• Russian Federation

• Rwanda

• Saint Kitts and Nevis

• Saint Lucia

• Saint Vincent and the Grenadines

• Saudi Arabia (13th July 1994)

• Senegal

• Sierra Leone

• Singapore

• Slovak Republic

• Slovenia

• Solomon Islands

• South Africa

• Soviet Union (27th May 1973)

• Spain

• Sri Lanka

• Suriname

• Swaziland

• Sweden

• Switzerland

• Taiwan (10th July 1985)

• Tajikistan (25th December 1991)

• Tanzania

• Thailand

• Togo

• Trinidad and Tobago

• Tunisia

• Turkey

• Uganda

• Ukraine

• United Arab Emirates

• United States of America (including Puerto Rico and all territories and possessions)

• Uruguay

• Venezuela

• Yugoslavia

• Zaire

• Zambia

• Zimbabwe

Article 3

SCHEDULE 2COUNTRIES ENJOYING FULL PROTECTION FOR SOUND RECORDINGS

(The countries specified in this Schedule either are parties to the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations and/or are member States of the European Community or otherwise give adequate protection under their law.)

• Argentina

• Australia (including Norfolk Island)

• Austria

• Bangladesh

• Barbados

• Belgium

• Bolivia

• Brazil

• Bulgaria

• Burkina Faso

• Canada

• Cape Verde

• 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

• Ghana

• Greece

• Guatemala

• Honduras

• Hong Kong

• Hungary

• Iceland

• India

• Indonesia

• Ireland, Republic of

• Italy

• Jamaica

• Japan

• Lebanon

• Lesotho

• Luxembourg

• Macedonia

• Malawi

• Malaysia

• Mexico

• Moldova

• Monaco

• Netherlands

• New Zealand

• Niger

• Nigeria

• Norway

• Pakistan

• Panama

• Paraguay

• Peru

• Philippines

• Poland

• Portugal

• Romania

• Saint Lucia

• Slovak Republic

• Slovenia

• Spain

• Sweden

• Switzerland

• Taiwan

• Thailand

• Uruguay

• Venezuela

Article 4

SCHEDULE 3COUNTRIES ENJOYING PROTECTION IN RESPECT OF BROADCASTS

(The countries specified in this Schedule either are parties to the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations and/or the European Agreement on the Protection of Television Broadcasts and/or the Agreement establishing the World Trade Organisation (including the Agreement on Trade-Related Aspects of Intellectual Property Rights) and/or are member States of the European Community or otherwise give adequate protection under their law.)

• *Angola (1st December 1996)

• *Antigua and Barbuda (1st January 1996)

• Argentina (2nd March 1992)

• Australia (30th September 1992)

• Austria (1st June 1957)

• *Bahrain (1st January 1996)

• *Bangladesh (1st January 1996)

• Barbados (18th September 1983)

• Belgium (1st June 1957)

• *Belize (1st January 1996)

• *Benin (22nd February 1996)

• Bolivia (24th November 1993)

• *Botswana (1st January 1996)

• Brazil (29th September 1965)

• *Brunei Darussalam (1st January 1996)

• Bulgaria (31st January 1995)

• Burkina Faso (14th January 1988)

• *Burundi (1st January 1996)

• Canada (1st January 1996)

• *Cameroon (1st January 1996)

• Cape Verde (3rd July 1997)

• *Central African Republic (1st January 1996)

• *Chad (19th October 1996)

• Chile (5th September 1974)

• Colombia (17th September 1976)

• Congo (18th May 1964)

• Costa Rica (9th September 1971)

• *Cote D'Ivoire (1st January 1996)

• *Cuba (1st January 1996)

• Cyprus, Republic of (5th May 1970 – television; 1st January 1996 – non-television)

• Czech Republic (1st January 1993)

• *Democratic Republic of the Congo (1st January 1997)

• Denmark (1st June 1957)

• *Djibouti (1st January 1996)

• *Dominica (1st January 1996)

• Dominican Republic (27th January 1987)

• Ecuador (18th May 1964)

• *Egypt (1st January 1996)

• El Salvador (29th June 1979)

• Faeroe Islands (1st February 1962 – television; 1st July 1965 – non-television)

• Fiji (11th April 1972)

• Finland (1st June 1957)

• France (including all Overseas Departments and Territories) (1st June 1957)

• *Gabon (1st January 1996)

• *Gambia (23rd October 1996)

• Germany (1st June 1957)

• *Ghana (1st January 1996)

• Greece (1st June 1957)

• Greenland (1st February 1962 – television; 1st July 1965 – non-television)

• *Grenada (22nd February 1996)

• Guatemala (14th January 1977)

• *Guinea-Bissau (1st January 1996)

• *Guinea (1st January 1996)

• *Guyana (1st January 1996)

• *Haiti (30th January 1996)

• Honduras (16th February 1990)

• Hong Kong (1st June 1957)

• Hungary (10th February 1995)

• Iceland (15th June 1994)

• Indonesia (1st June 1957)

• *India (1st January 1996)

• Ireland, Republic of (1st June 1957)

• *Israel (1st January 1996)

• Italy (1st June 1957)

• Jamaica (27th January 1994)

• Japan (26th October 1989)

• *Kenya (1st January 1996)

• *Korea, Republic of (1st January 1996)

• *Kuwait (1st January 1996)

• *Kyrgyz Republic (20th December 1998)

• *Latvia (10th February 1999)

• Lebanon (12th August 1997)

• Lesotho (26th January 1990)

• *Liechtenstein (1st January 1996)

• Luxembourg (1st June 1957)

• *Macau (1st January 1996)

• Macedonia (2nd March 1998)

• *Madagascar (1st January 1996)

• Malawi (22nd June 1989)

• Malaysia (1st June 1957)

• *Maldives (1st January 1996)

• *Mali (1st January 1996)

• *Malta (1st January 1996)

• *Mauritania (1st January 1996)

• *Mauritius (1st January 1996)

• Mexico (18th May 1964)

• Moldova (5th December 1995)

• Monaco (6th December 1985)

• *Mongolia (29th January 1997)

• *Morocco (1st January 1996)

• *Mozambique (1st January 1996)

• *Myanmar (1st January 1996)

• *Namibia (1st January 1996)

• Netherlands (1st June 1957)

• *New Zealand (1st January 1996)

• *Nicaragua (1st January 1996)

• Niger (18th May 1964)

• Nigeria (29th October 1993)

• Norway (10th August 1968 – television; 10th July 1978 – non-television)

• Panama (2nd September 1983)

• *Pakistan (1st January 1996)

• *Papua New Guinea (6th June 1996)

• Paraguay (26th February 1970)

• Peru (7th August 1985)

• Philippines (25th September 1984)

• Poland (1st January 1996)

• Portugal (1st June 1957)

• *Qatar (13th January 1996)

• Romania (1st January 1996)

• *Rwanda (22nd May 1996)

• *Saint Kitts and Nevis (21st February 1996)

• Saint Lucia (1st January 1996)

• *Saint Vincent and the Grenadines (1st January 1996)

• *Senegal (1st January 1996)

• *Sierra Leone (1st January 1996)

• Singapore (1st June 1957)

• Slovak Republic (1st January 1993)

• Slovenia (1st January 1996)

• *Solomon Islands (26th July 1996)

• *South Africa (1st January 1996)

• Spain (1st June 1957)

• *Sri Lanka (1st January 1996)

• *Suriname (1st January 1996)

• *Swaziland (1st January 1996)

• Sweden (1st June 1957)

• Switzerland (24th September 1993)

• *Tanzania (1st January 1996)

• *Thailand (1st January 1996)

• *Togo (1st January 1996)

• *Trinidad and Tobago (1st January 1996)

• *Tunisia (1st January 1996)

• *Turkey (1st January 1996)

• *Uganda (1st January 1996)

• *United Arab Emirates (10th April 1996)

• *United States (1st January 1996)

• Uruguay (4th July 1977)

• Venezuela (1st January 1996)

• *Zambia (1st January 1996)

• *Zimbabwe (1st January 1996)

Article 4(5)

SCHEDULE 4COUNTRIES ENJOYING PROTECTION IN RESPECT OF CABLE PROGRAMMES

(The countries specified in this Schedule are either member States of the European Community or otherwise give adequate protection under their law.)

• Austria

• Belgium

• Denmark

• Finland

• France (including all Overseas Departments and Territories)

• Germany

• Greece

• Indonesia

• Ireland, Republic of

• Italy

• Luxembourg

• Netherlands

• Portugal

• Singapore

• Spain

• Sweden

Article 5

SCHEDULE 5MODIFICATIONS

1.  In respect of the countries listed in Schedule 4, in the application of article 4(2) above in relation to cable programmes by virtue of article 4(5), the relevant date is 1st January 1985.

2.  In respect of the territory of Taiwan–

(a)article 2(1)(a) and (2) above shall apply as if the reference to persons domiciled or resident in the territory of Taiwan were limited to such persons who are also citizens or subjects of China, and

(b)in the application of Part I of the Act by virtue of article 2(3) above, subsection (1) of section 21 (infringement by making adaptation) applies as if subsection (3)(a)(i) of that section (translation of literary or dramatic work) were omitted.

3.  In the application of Part I of the Act by virtue of article 4 (broadcasts) above in relation to those countries identified in Schedule 3 to this Order by an asterisk, section 16 applies to broadcasts as if subsection (1)(b) (issue of copies of a work to the public), subsection (1)(d) (broadcast of a work or inclusion in a cable programme service) insofar as it relates to inclusion in a cable programme service and subsection (1)(c) (performing, showing or playing a work in public) insofar as it relates to broadcasts other than television broadcasts, were omitted.

4.  The derogations in respect of broadcasts set out in paragraph 3 apply also to Cyprus save that they apply only in respect of non-television broadcasts.

Article 8

SCHEDULE 6ORDERS IN COUNCIL REVOKED