25 March 2006

Copyright and Rights in Performances: The Copyright and Performances (Application to Other Countries) Order 2005

The requirements for copyright protection are that the work must be in which copyright is capable of subsisting and that certain conditions as to qualification are met. S.153 (1) of the Copyright Designs and Patents Act 1988 provides that a work may qualify in relation to its author, the country in which the work was first published, or in the case of a broadcast, the country from which the broadcast was made. Parliament has conferred authority on the Queen in Council to designate the countries to which these provisions extend. There are similar provisions under s.181 of the Act for protection of rights in performances.

The latest Order in Council is The Copyright and Performances (Application to Other Countries) Order 2005 which came into force in May 2005. The Order repeals The Copyright (Application to Other Countries) Order 1999 and The Performances (Reciprocal Protection) (Convention Countries and Isle of Man) Order 2003. This legislation, which greatly simplified the law, is the subject of a new, short article entitled The Copyright and Performances (Application to Other Countries) Order 2005 which I wrote and uploaded this evening.

Other new articles on copyright that I have uploaded today include case notes on two Canadian cases, Glen Gould Estate v. Stoddart Publishing Co. Ltd. 1998-05-06 C25822;C25823 Ontario CA and Barbara Hager v ECW Press Ltd. and Others [1999] 2 FC. 287. Both cases are on Walter v Lane [1900] AC 539 points. Hager is additionally on the difference between the English and Canadian concept of fair dealing and the US concept of fair use which is something I discuss in my article on Fair Dealing,

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