
1 

(1) This Order may be cited as the Copyright (Application to Other Countries) Order 1999 and shall come into force on 22nd July 1999.
(2) In this Order–
 “the Act” means the Copyright, Designs and Patents Act 1988, and
 “first published” shall be construed in accordance with section 155(3) of the Act.
2 

(1) In relation to literary, dramatic, musical and artistic works, films and the typographical arrangements of published editions, sections 153, 154 and 155 of the Act (qualification for copyright protection) apply in relation to–
(a) persons who are citizens or subjects of a country specified in Schedule 1 to this Order or are domiciled or resident there as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom;
(b) bodies incorporated under the law of such a country as they apply in relation to bodies incorporated under the law of a part of the United Kingdom; and
(c) works first published in such a country as they apply in relation to works first published in the United Kingdom;
but subject to paragraph (2) and article 5 below.
(2) Copyright does not subsist–
(a) in a literary, dramatic, musical or artistic work by virtue of section 154 of the Act as applied by paragraph (1) above (qualification by reference to author) if it was first published–
(i) before 1st June 1957 (commencement of Copyright Act 1956); or
(ii) before 1st August 1989 (commencement of Part I of the Act) and at the material time (as defined in section 154(4)(b) of the Act) the author was not a relevant person; or
(b) in any work by virtue of paragraph (1) above if–
(i) a date is, or dates are, specified in Schedule 1 to this Order in respect of the only country or countries relevant to the work for the purposes of paragraph (1) above, and
(ii) the work was first published before that date or (as the case may be) the earliest of those dates;
and for the purposes of sub-paragraph (a)(ii) of this paragraph, a “relevant person” is a Commonwealth citizen, a British protected person, a citizen or subject of any country specified in Schedule 1 to this Order, or a person resident or domiciled in the United Kingdom, another country to which the relevant provisions of Part I of the Act extend or (subject to article 5 below) a country specified in Schedule I to this Order.
(3) Where copyright subsists in a work by virtue of paragraph (1) above, the whole of Part I of the Act (including Schedule 1 to the Act) applies in relation to the work, save that in relation to an artistic work consisting of the design of a typeface–
(a) section 54(2) (articles for producing material in particular typeface) does not apply,
(b) section 55 (making such articles not an infringement) applies as if the words in subsection (2) from the beginning to “marketed” were omitted, and
(c) paragraph 14(5) of Schedule 1 (transitional provisions) does not apply,
and subject also to articles 5 and 7 below.
3 
In relation to sound recordings, article 2 above shall apply as it applies in relation to films except that sections 19, 20, 26 and 107(3) of the Act (infringement by playing in public, broadcasting or inclusion in a cable programme service and related provisions) apply only if at least one of the countries relevant to the work for the purposes of article 2(1) above is specified in Schedule 2 to this Order.
4 

(1) In relation to broadcasts, sections 153, 154 and 156 of the Act (qualification for copyright protection) apply in relation to–
(a) persons who are citizens or subjects of a country specified in Schedule 3 to this Order or are domiciled or resident there as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom;
(b) bodies incorporated under the law of such a country as they apply in relation to bodies incorporated under the law of a part of the United Kingdom; and
(c) broadcasts made from such a country as they apply to broadcasts made from the United Kingdom;
but subject to paragraph (2) and article 5 below.
(2) Copyright does not subsist in a broadcast by virtue of paragraph (1) above if it was made before the relevant date.
(3) Where copyright subsists in a broadcast by virtue of paragraph (1) above, the whole of Part I of the Act (including Schedule 1 to the Act) applies in relation to the broadcast, save that for the purposes of section 14(5) (duration of copyright in repeats)–
(a) a broadcast shall be disregarded if it was made before the relevant date, and
(b) a cable programme shall be disregarded if it was included in a cable programme service before the later of the relevant date and 1st January 1985;
and subject also to article 7 below.
(4) For the purposes of paragraphs (2) and (3) above, the “relevant date” is the date or (as the case may be) the earliest of the dates specified in Schedule 3 to this Order in respect of the country or countries relevant to the broadcast for the purposes of paragraph (1) above, being (where different dates are specified for television and non-television broadcasts) the date appropriate to the type of broadcast in question.
(5) In respect of the countries listed in Schedule 4, this article applies in relation to cable programmes as it applies in relation to broadcasts, subject to article 5 below.
5 
Schedule 5 to this Order shall have effect so as to modify the application of this Order in respect of certain countries.
6 
Nothing in this Order shall be taken to derogate from the effect of paragraph 35 of Schedule 1 to the Act (continuation of existing qualification for copyright protection).
7 

(1) This article applies in any case in which–
(a) a work was made before 1st August 1989 (commencement of Part I of the Act) and copyright under the Copyright Act 1956 did not subsist in it when it was made, or
(b) a work is made on or after 1st August 1989 and copyright under the Act does not subsist in it when it is made,
but copyright subsequently subsists in it by virtue of article 2(1), 3, 4(1) or 4(5) above.
(2) Where in any such case a person incurs or has incurred any expenditure or liability in connection with, for the purpose of or with a view to the doing of an act which at the time is not or was not an act restricted by any copyright in the work, the doing, or continued doing, of that act after copyright subsequently subsists in the work by virtue of article 2(1), 3, 4(1) or 4(5) above shall not be an act restricted by the copyright unless the owner of the copyright or his exclusive licensee (if any) pays such compensation as, failing agreement, may be determined by arbitration.
8 
The Orders listed in Schedule 6 to this Order are hereby revoked.
A.K. Galloway
Clerk of the Privy Council

SCHEDULE 1
Article 2(1) and (2)

(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

SCHEDULE 2
Article 3

(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

SCHEDULE 3
Article 4

(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)

SCHEDULE 4
Article 4(5)

(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

SCHEDULE 5
Article 5
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.
SCHEDULE 6
Article 8


Number Title
S.I.1993/942 The Copyright (Application to Other Countries) Order 1993
S.I. 1994/263 The Copyright (Application to Other Countries) (Amendment) Order 1994
S.I. 1995/2987 The Copyright (Application to Other Countries) (Amendment) Order 1995