S T A T U T O R Y  I N S T R U M E N T S  
2023 No. 296 
COPYRIGHT 
RIGHTS IN PERFORMANCES 
The Copyright and Performances (Application to Othe r 
Countries) (Amendment) Order 2023 
Made  - - - - 8th March 2023 
Laid before Parliament  15th March 2023 
Coming into force  15th April 2023 
 
At the Court at Buckingham Palace, the 8th day of M arch 2023  
Present, 
The King’s Most Excellent Majesty in Council 
His Majesty, by and with the advice of His Privy Co uncil, in exercise of the powers conferred on 
Him by sections 159 and 208 of the Copyright, Desig ns and Patents Act 1988( a) (“the Act”) 
makes the following Order.  
His 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 the Be rne Convention( b) or to the World 
Intellectual Property Organisation Performances and  Phonograms Treaty( c) or a member 
of the World Trade Organisation, or 
(b)  in relation to copyright and performances, a countr y party to the International Convention 
for the Protection of Performers, Producers of Phon ograms 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 and secti on 208 was amended by section 22 of the Intellectua l Property Act 2014 c. 
18. 
(b) Cm.1212; “Berne Convention” is defined in section  159(9) of the Copyright, Designs and Patents Act 1 988; section 159 of 
that Act was substituted by section 22(4) of the In tellectual Property Act 2014. 
(c) Cm.3728. 
(d) Cm.2425. 
(e) “Convention country” is defined in section 208(2)  of the Copyright, Designs and Patents Act 1988. 
(f) “British performance” is defined in section 208(3 ) of the Copyright, Designs and Patents Act 1988.  2Citation and commencement 
1.  This Order may be cited as the Copyright and Perfo rmances (Application to Other Countries) 
(Amendment) Order 2023 and comes into force on 15th  April 2023. 
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, 
Ukraine, Norway, Iceland, Liechtenstein, Australia and New Zealand.”; 
(b)  for paragraph (2), substitute— 
“(2) This paragraph applies to a member State, Hong  Kong, Indonesia, Malawi, Malaysia, 
Singapore and New Zealand.”. 
(3)  In Part 2 of the Schedule (application of Part 2 of  the Act under articles 11 and 12 of the 
2016 Order– countries which are not parties to the Rome Convention) (c), in the table, in the row 
relating to Uganda, in the right-hand column, 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 performances connected with certain c ountries and is also applied by the 2016 Order 
to performances connected with certain other countr ies. 
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 t o wired broadcasts relating to Australia and both 
wired and wireless broadcasts relating to New Zeala nd. Article 2(3) amends the list in the 2016 
Order of countries which are not parties to the Rom e Convention for the Protection of Performers, 
Producers of Phonograms and Broadcasting Organisati ons but have become parties to the World 
Intellectual Property Organisation Performance and Phonograms Treaty (WPPT) to which certain 
Part 2 protections apply in accordance with article  11 of the 2016 Order. This change reflects the 
recent accession of Uganda to the WPPT. 
                                                                                                                                            
(a) S.I. 2016/1219 amended by S.I. 2021/636 and S.I. 2021/1258. 
(b) Part 1 of the Copyright, Designs and Patents Act 1988 makes provision in relation to copyright. Arti cle 8 of the Copyright 
and Performances (Application to Other Countries) O rder 2016 applies Part 1 to broadcasts in relation to the countries listed 
and in the manner set out in the article. 
(c) Part 2 of the Copyright, Designs and Patents Act 1988 makes provision in relation to performances. A rticle 11 applies 
provisions of Part 2 to certain countries which are  party to the World Intellectual Property Organisat ion Performances and 
Phonograms Treaty adopted in Geneva on 20th Decembe r 1996. Article 12 applies with modifications provi sions of Part 2 
to certain countries which are members of the World  Trade Organisation.  3No 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 2023 
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http://www.legislation.gov.uk/id/uksi/2023/296  
