BERMUDA

COPYRIGHT AND PERFORMANCES (APPLICATION TO OTHER COUNTRIES) ORDER 2009

BR 71/2009

The Minister, in exercise of the powers conferred by sections 194 and 257 of the Copyright and Designs Act 2004, makes the following Order:

Citation

1 This Order, made under the Copyright and Designs Act 2004 (“the Act”), may be cited as the Copyright and Performances (Application to Other Countries) Order 2009.

Literary, dramatic, musical and artistic works, films and the typographical arrangement of published editions

2 All the provisions of Part I of the Act, insofar as they relate to literary, dramatic, musical and artistic works, films and the typographical arrangement of published editions, apply in relation to the countries indicated in the second column of the table set out in the

Schedule so that those provisions apply—

(a) in relation to persons who are citizens or subjects of, or are domiciled or resident in, those countries as they apply to persons who have Bermudian status or are domiciled or resident in Bermuda;

(b) in relation to bodies incorporated under the laws of those countries as they apply in relation to bodies incorporated under the law of Bermuda; and

(c) in relation to works first published in those countries as they apply in relation to works first published in Bermuda, subject to paragraph (2).

(2) Where a literary, dramatic, musical or artistic work was first published before 6th August 1962 it shall not qualify for copyright protection by reason of section 191 (qualification by reference to author).

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3. Sound recordings

(1) Except for the provisions listed in paragraph (2)(a), all the provisions of Part I of the Act, insofar as they relate to sound recordings, apply in relation to the countries indicated in the third column of the table set out in the Schedule so that those provisions apply—

(a) in relation to persons who are citizens or subjects of, or are domiciled or resident in, those countries as they apply to persons who have Bermudian status or are domiciled or resident in Bermuda;

(b) in relation to bodies incorporated under the laws of those countries as they apply in relation to bodies incorporated under the law of Bermuda; and

(c) in relation to works first published in those countries as they apply in relation to works first published in Bermuda.

(2) Where in the third column of the table set out in the

Schedule the entry for a country—

(a) includes an asterisk (*), the following provisions of Part I of the Act, insofar as they relate to sound recordings, also apply to that country—

(i) section 30 (infringement by rental or lending of work to the public) insofar as it applies to lending;

(ii) section 31 (infringement by performance, showing or playing of work in public);

(iii) section 32 (infringement by broadcasting);

(iv) section 38 (secondary infringement: provision of apparatus for infringing performance, etc); and

(v) section 135(3) (criminal liability for public performance, etc);

(b) includes a hash (#), the following provisions of Part I of the Act, insofar as they relate to sound recordings, also apply to that country—

(i) section 32 (infringement by broadcasting), except that it does not apply in relation to the broadcasting of a sound recording; and

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(ii) section 135(3) (criminal liability for public performance, etc), except that it does not apply in relation to the broadcasting of a sound recording.

4. Wireless broadcasts

(1) Except for the provisions listed in paragraph (2), all the provisions of Part I of the Act, insofar as they relate to wireless broadcasts, apply in relation to the countries indicated in the fourth column of the table set out in the Schedule so that those provisions apply—

(a) in relation to persons who are citizens or subjects of, or are domiciled or resident in, those countries as they apply to persons who have Bermudian status or are domiciled or resident in Bermuda;

(b) in relation to bodies incorporated under the laws of those countries as they apply in relation to bodies incorporated under the law of Bermuda; and

(c) in relation to broadcasts made from those countries as they apply in relation to broadcasts made from Bermuda, subject to paragraphs (3) to (5).

(2) The following provisions of Part I of the Act, insofar as they relate to wireless broadcasts, also apply in relation to a country where its entry in the fourth column of the table set out in the Schedule does not include an asterisk (*)—

(a) section 30 (infringement by rental or lending of work to the public);

(b) section 31 (infringement by performance, showing or playing of work in public), but only insofar as it relates to broadcasts other than television broadcasts;

(c) section 32 (infringement by broadcasting), except in relation to broadcasting by wireless telegraphy;

(d) section 38 (secondary infringement: provision of apparatus for infringing performance, etc), but only insofar as it relates to broadcasts other than television broadcasts;

(e) section 135(3) (criminal liability for public performance, etc), except in relation to broadcasting by wireless telegraphy.

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(3) The provisions of Part I of the Act do not apply in relation to a wireless broadcast made from a place in a country, referred to in paragraph (4), before the relevant date.

(4) The relevant date in relation to a country—

(a) where its entry in the fourth column of the table set out in the Schedule includes an “(X)”, is 6th August 1962;

(b) where its entry in the fourth column of the table set out in the Schedule includes a “(Y)”, is 1st January 1996; or

(c) where there is a date next to its entry in the fourth column of the table set out in the Schedule, is that date.

(5) For the purposes of section 24(5) of the Act (duration of copyright in repeats) any wireless broadcast which does not qualify for copyright protection shall be disregarded.

Other broadcasts

5 All the provisions of Part I of the Act, insofar as they relate to broadcasts (other than wireless broadcasts), apply in relation to the countries indicated in the fifth column of the table set out in the

Schedule so that those provisions apply—

(a) in relation to persons who are citizens or subjects of, or are domiciled or resident in, those countries as they apply to persons who have Bermudian status or are domiciled or resident in Bermuda;

(b) in relation to bodies incorporated under the laws of those countries as they apply in relation to bodies incorporated under the law of Bermuda; and

(c) in relation to broadcasts made from those countries as they apply in relation to broadcasts made from Bermuda.

6. Performances

(1) The countries in respect of which the word “designated” is included in the sixth column of the table set out in the Schedule are designated as enjoying reciprocal protection under Part II of the Act.

(2) The countries in respect of which the word “deemed” is included in the sixth column of the table set out in the Schedule shall be treated as if they were designated as enjoying reciprocal protection under

PART II — of the Act, except that—

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(a) in that Part the term “recording” shall be construed as applying only to sound recordings (and not to films); and

(b) the following provisions of Part II of the Act shall not apply—

(i) section 215 (consent required for rental or lending of copies to public), insofar as it relates to lending;

(ii) section 216 (right to equitable remuneration for exploitation of sound recording);

(iii) section 217 (infringement of performer’s rights by use of recording made without consent);

(iv) sections 219 to 222 (rights of person having recording rights);

(v) section 245(2) (criminal liability for playing or communicating to the public).

7. Savings

(1) For the purposes of this article an act is an “excluded act” where—

(a) a person (A) has incurred any expenditure or liability in connection with the act; and

(b) he—

(i) began in good faith to do the act; or

(ii) made in good faith effective and serious preparations to do the act, at a time when the act neither infringed nor was restricted by the relevant rights in the work or performance.

(2) Where another person (B) acquires those relevant rights pursuant to this Order, A has the right—

(a) to continue to do the excluded act; or

(b) to do the excluded act, notwithstanding that the excluded act infringes or is restricted by those relevant rights.

(3) Where B, or his exclusive licensee, pays reasonable compensation to A paragraph (2) no longer applies.

(4) Where—

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(a) B offers to pay compensation to A under paragraph (3); but

(b) A and B cannot agree on what compensation is reasonable, they may refer the matter to arbitration.

(5) In this article “relevant rights” means copyright, the rights conferred by Chapter V of Part I of the Act and the rights conferred by

PART II — of the Act.

Commencement

8 This Order shall come into operation on 12 November 2009.

SCHEDULE (Articles 2 to 6)

Country Article 2 Article 3 Article 4 Article 5 Article 6 (literary, (sound (wireless (other (perform- dramatic, recordings) broadcasts) broad- ances) musical and casts) artistic works, films and typographical arrangements)

Albania Applies Applies (*) Applies (1 Designated September 2000)

Algeria Applies Applies (*) Applies (22 Designated April 2007)

Andorra Applies Applies (*) Applies 25 Designated May 2004)

Angola Applies Applies Applies (*) Deemed (23 November 1996)

Antigua and Applies Applies Applies Deemed Barbuda (*)(Y)

Argentina Applies Applies (*) Applies (2 Designated March 1992)

Armenia Applies Applies (*) Applies (31 Designated

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January 2003)

Australia Applies Applies (*) Applies (30 Designated (including September Norfolk Island) 1992)

Austria Applies Applies (*) Applies (X) Applies

Azerbaijan Applies Applies (*) Applies (5 Designated October 2005)

Bahamas Applies Applies

Bahrain Applies Applies (*) Applies (Y) Designated

Bangladesh Applies Applies (*) Applies Deemed (*)(Y)

Barbados Applies Applies (*) Applies (18 Designated September 1983)

Belarus Applies Applies (*) Applies 27 Designated May 2003)

Belgium Applies Applies (*) Applies (X) Applies

Belize Applies Applies Applies Deemed (*)(Y)

Benin Applies Applies (#) Applies (*) Deemed (22 February 1996)

Bhutan Applies Applies

Bolivia Applies Applies (*) Applies (24 Designated November 1993)

Bosnia and Applies Applies Herzegovina

Botswana Applies Applies (#) Applies Deemed (*)(Y)

Brazil Applies Applies (*) Applies (29 Designated September 1965)

Brunei Applies Applies Applies Deemed Darussalam (*)(Y)

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Bulgaria Applies Applies (*) Applies (X) Applies

Burkina Faso Applies Applies (*) Applies (14 Designated January 1988)

Burundi Applies Applies Applies Deemed (*)(Y)

Cambodia Applies Applies Applies (*) Deemed (13 October 2004)

Cameroon Applies Applies Applies Deemed (*)(Y)

Canada Applies Applies (*) Applies (Y) Designated

Cape Verde Applies Applies (*) Applies (3 Designated July 1997)

Central African Applies Applies Applies Deemed Republic (*)(Y)

Chad Applies Applies Applies (*) Deemed (19 October 1996)

Chile Applies Applies (*) Applies (5 Designated September 1974)

China Applies Applies (#) Applies (*) Deemed (11 December 2001)

Columbia Applies Applies (*) Applies (17 Designated September 1976)

Comoros Applies Applies

Congo Applies Applies (*) Applies (18 Designated May 1964)

Costa Rica Applies Applies (*) Applies (9 Designated September 1971)

Cote d’Ivoire Applies Applies Applies Deemed (*)(Y)

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Croatia Applies Applies (*) Applies (20 Designated April 2000)

Cuba Applies Applies Applies Deemed (*)(Y)

Cyprus Applies Applies (*) Applies (X) Applies

Czech Republic Applies Applies (*) Applies (X) Applies

Democratic Applies Applies Applies (*) Deemed Republic of the (1 January Congo 1997)

Denmark Applies Applies (*) Applies (X) Applies

Djibouti Applies Applies Applies Deemed (*)(Y)

Dominica Applies Applies (*) Applies (Y) Designated

Dominican Applies Applies (*) Applies (27 Designated Republic January 1987)

Ecuador Applies Applies (*) Applies (18 Designated May 1964)

Egypt Applies Applies Applies Deemed (*)(Y)

El Salvador Applies Applies (*) Applies (29 Designated June 1979)

Equatorial Applies Applies Guinea

Estonia Applies Applies (*) Applies (X) Applies

Faeroe Islands Applies Applies Applies (1 Designated February 1962)

Fiji Applies Applies (*) Applies (11 Designated April 1972)

Finland Applies Applies (*) Applies (X) Applies

France Applies Applies (*) Applies (X) Applies (including Overseas Departments and Territories)

Gabon Applies Applies (#) Applies Deemed (*)(Y)

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Gambia Applies Applies Applies (*) Deemed (23 October

Georgia Applies Applies (*) Applies (14 Designated August 2004)

Germany Applies Applies (*) Applies (X) Applies

Ghana Applies Applies (*) Applies Deemed (*)(Y)

Gibraltar Applies Applies (*) Applies (X) Applies Designated

Greece Applies Applies (*) Applies (X) Applies

Greenland Applies Applies Applies (1 Designated February 1962)

Grenada Applies Applies Applies (*) Deemed (22 February 1996)

Guatemala Applies Applies (*) Applies (14 Designated January 1977)

Guinea Applies Applies (#) Applies Deemed (*)(Y)

Guinea-Bissau Applies Applies Applies Deemed (*)(Y)

Guyana Applies Applies Applies Deemed (*)(Y)

Haiti Applies Applies Applies (*) Deemed (30 January 1996)

Holy See Applies Applies

Honduras Applies Applies (*) Applies (16 Designated February 1990)

Hong Kong Applies Applies (*) Applies (X) Deemed

Hungary Applies Applies (*) Applies (X) Applies

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Iceland Applies Applies (*) Applies (X) Applies Designated

India Applies Applies (*) Applies Deemed (*)(Y)

Indonesia Applies Applies (*) Applies (X) Applies Deemed

Ireland Applies Applies (*) Applies (X) Applies

Isle of Man Applies Applies (*) Applies (X) Applies Designated

Israel Applies Applies (*) Applies (Y) Designated

Italy Applies Applies (*) Applies (X) Applies

Jamaica Applies Applies (*) Applies (27 Designated January 1994)

Japan Applies Applies (*) Applies (26 Designated October 1989)

Jordan Applies Applies (#) Applies (*) Deemed (11 April 2000)

Kazakhstan Applies Applies (#) Deemed

Kenya Applies Applies Applies Deemed (*)(Y)

Korea, Applies Applies Democratic People’s Republic of

Korea, Applies Applies Applies Deemed Republic of (*)(Y)

Kuwait Applies Applies Applies Deemed (*)(Y)

Kyrgyzstan Applies Applies (*) Applies (20 Designated December 1998)

Lao People’s Applies Applies Democratic Republic

Latvia Applies Applies (*) Applies (X) Applies

Lebanon Applies Applies (*) Applies (12 Designated August 1997)

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Lesotho Applies Applies (*) Applies (26 Designated January 1990)

Liberia Applies Applies

Libyan Arab Applies Applies Jamahiriya

Liechtenstein Applies Applies (*) Applies (X) Applies Designated

Lithuania Applies Applies (*) Applies (X) Applies

Luxembourg Applies Applies (*) Applies (X) Applies

Macao Applies Applies Applies Deemed (*)(Y)

Macedonia, The Applies Applies (*) Applies (2 Designated Former March Yugoslav 1998) Republic of

Madagascar Applies Applies Applies Deemed (*)(Y)

Malawi Applies Applies (*) Applies (22 Deemed June 1989)

Malaysia Applies Applies (*) Applies (X) Deemed

Maldives Applies Applies Applies Deemed (*)(Y)

Mali Applies Applies (#) Applies Deemed (*)(Y)

Malta Applies Applies (*) Applies (X) Applies

Mauritania Applies Applies Applies Deemed (*)(Y)

Mauritius Applies Applies Applies Deemed (*)(Y)

Mexico Applies Applies (*) Applies (18 Designated May 1964)

Micronesia, Applies Applies Federated States of

Moldova, Applies Applies (*) Applies (5 Designated Republic of December 1995)

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Monaco Applies Applies (*) Applies (6 Designated December 1985)

Mongolia Applies Applies (#) Applies (*) Deemed (29 January 1997))

Montenegro Applies Applies (*) Applies (10 Designated June 2003)

Morocco Applies Applies Applies Deemed (*)(Y)

Mozambique Applies Applies Applies Deemed (*)(Y)

Myanmar Applies Applies Applies Deemed (*)(Y)

Namibia Applies Applies Applies Deemed (*)(Y)

Nepal Applies Applies Applies (*) Deemed (23 April 2004)

Netherlands Applies Applies (*) Applies (X) Applies

Netherlands Applies Applies Applies Deemed Antilles and (*)(Y) Aruba

New Zealand Applies Applies (*) Applies Deemed (*)(Y)

Nicaragua Applies Applies (*) Applies (Y) Designated

Niger Applies Applies (*) Applies (18 Designated May 1964)

Nigeria Applies Applies (*) Applies (29 Designated October 1993)

Norway Applies Applies (*) Applies (X) Applies Designated

Oman Applies Applies Applies (*) Deemed (9 November 2000)

Pakistan Applies Applies (*) Applies Deemed (*)(Y)

Panama Applies Applies (*) Applies (2 Designated

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September 1983)

Papua New Applies Applies Applies (*) Deemed Guinea (9 June 1996)

Paraguay Applies Applies (*) Applies (26 Designated February 1970)

Peru Applies Applies (*) Applies (7 Designated August 1985)

Philippines Applies Applies (*) Applies (25 Designated September 1984)

Poland Applies Applies (*) Applies (X) Applies

Portugal Applies Applies (*) Applies (X) Applies

Qatar Applies Applies Applies (*) Deemed (13 January 1996)

Romania Applies Applies (*) Applies (X) Applies

Russian Applies Applies (*) Applies (26 Designated Federation May 2003)

Rwanda Applies Applies Applies (*) Deemed (22 May 1996)

Saint Kitts and Applies Applies Applies (*) Deemed Nevis (21 February 1996)

Saint Lucia Applies Applies (*) Applies (Y) Designated

Saint Vincent Applies Applies Applies Deemed and the (*)(Y) Grenadines

Samoa Applies Applies

Saudi Arabia Applies Applies

Senegal Applies Applies (#) Applies Deemed (*)(Y)

COPYRIGHT AND PERFORMANCES (APPLICATION TO OTHER COUNTRIES ) ORDER 2 0 0 9

Serbia Applies Applies (*) Applies (10 Designated June 2003)

Sierra Leone Applies Applies Applies Deemed (*)(Y)

Singapore Applies Applies (#) Applies (X) Applies Deemed

Slovak Applies Applies (*) Applies (X) Applies Republic

Slovenia Applies Applies (*) Applies (X) Applies

Solomon Applies Applies Applies (*) Deemed Islands (26 July 1996)

South Africa Applies Applies Applies Deemed (*)(Y)

Spain Applies Applies (*) Applies (X) Applies

Sri Lanka Applies Applies Applies Deemed (*)(Y)

Sudan Applies Applies

Suriname Applies Applies Applies Deemed (*)(Y)

Swaziland Applies Applies Applies Deemed (*)(Y)

Sweden Applies Applies (*) Applies (X) Applies

Switzerland Applies Applies (*) Applies (X) Applies Designated

Syrian Arab Applies Applies (*) Applies (13 Designated Republic May 2006)

Taiwan Applies Applies (*) Applies (*) Deemed (1 January 2002)

Tajikistan Applies Applies

Tanzania, Applies Applies Applies Deemed United (*)(Y) Republic of

Thailand Applies Applies (*) Applies Deemed (*)(Y)

Togo Applies Applies (*) Applies (Y) Designated

Tonga Applies Applies Applies (*) Deemed (27 July 2007)

COPYRIGHT AND PERFORMANCES (APPLICATION TO OTHER COUNTRIES ) ORDER 2 0 0 9

Trinidad and Applies Applies Applies Deemed Tobago (*)(Y)

Tunisia Applies Applies Applies Deemed (*)(Y)

Turkey Applies Applies (*) Applies (Y) Designated

Uganda Applies Applies Applies Deemed (*)(Y)

Ukraine Applies Applies (*) Applies (12 Designated June 2002)

United Arab Applies Applies (*) Applies (10 Designated Emirates April 1996)

United Applies Applies (*) Applies (X) Applies Designated Kingdom

United States Applies Applies (#) Applies Deemed of America (*)(Y) (including Puerto Rico and all territories and possessions)

Uruguay Applies Applies (*) Applies (4 Designated July 1977)

Uzbekistan Applies Applies

Venezuela Applies Applies (*) Applies (Y) Designated

Vietnam Applies Applies (*) Applies (1 Designated March 2007)

Zambia Applies Applies Applies Deemed (*)(Y)

Zimbabwe Applies Applies Applies Deemed (*)(Y)

Made this 5th day of November, 2009

Minister of Energy, Telecommunications and E-Commerce