S T A T U T O R Y  I N S T R U M E N T S  
2021 No. 1258 
COPYRIGHT, RIGHTS IN PERFORMANCES 
The Copyright and Performances (Application to Othe r 
Countries) (Amendment) (No. 2) Order 2021 
Made - - - - 10th November 2021 
Laid before Parliament 11th November 2021 
Coming into force 1st December 2021 
 
At the Court at Windsor Castle, the 10th day of Nov ember 2021 
Present, 
The Queen’s Most Excellent Majesty in Council 
Her Majesty, by and with the advice of Her Privy Co uncil, in exercise of the powers conferred on 
Her by section 159 of the Copyright, Designs and Pa tents Act 1988( a) (“the Act”) makes the 
following Order. 
Her 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 of the Act. 
Citation and commencement  
1.  This Order may be cited as the Copyright and Perfo rmances (Application to Other Countries) 
(Amendment) (No. 2) Order 2021 and comes into force  on 1st December 2021. 
                                                                                                                                            
(a) 1988 c. 48. Section 159 was substituted by the In tellectual Property Act 2014 (c.18) (“the 2014 Act” ). 
(b) Cm. 1212; “Berne Convention” is defined in sectio n 159(9) of the Copyright, Designs and Patents Act 1988 (“the 1988 
Act”); section 159 of that Act was substituted by s ection 22(4) of the 2014 Act. 
(c) Cm. 3728. 
(d) Cm. 2425, 
(e) “Convention country” is defined in section 208(2)  of the 1988 Act.  2Amendment 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), for paragraph (1), substitute— 
“(1) This paragraph applies to a member State, Indo nesia, Singapore, South Korea, 
Ukraine, Norway, Iceland and Liechtenstein”. 
 
 
 
 
 Ceri King 
 Deputy 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(1) amends article 8 of the 2016 Order to 
provide for the application of Part 1 protections t o wired broadcasts relating to Norway, Iceland 
and Liechtenstein, in each case in the manner set o ut in relevant provisions of that amended 
article.  
These changes implement the United Kingdom’s obliga tions to provide national treatment of 
wired broadcasts connected with the UK- Norway, Ice land and Liechtenstein FTA countries. 
No 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 2021 
Printed and published in the UK by The Stationery O ffice Limited under the authority and superintenden ce of Jeff James, 
Controller of Her Majesty’s Stationery Office and Q ueen’s Printer of Acts of Parliament. 
                                                                                                                                            
(a) S.I. 2016/2019. Article 8 was previously amended by S.I. 2021/636, Art 2. 
(b) Part 1 of the 1988 Act makes provision in relatio n to copyright. Article 8 of the Copyright and Perf ormances (Application to 
the Other Countries) Order 2016 applies that Part 1  to broadcasts in relation to the countries listed and in the manner set out 
in the article.    £4.90 
http://www.legislation.gov.uk/id/uksi/2021/1258  
