Copyright and Performances (Application to Other Countries) Order 2009
1
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).
COPYRIGHT AND PERFORMANCES (APPLICATION TO OTHER
COUNTRIES) ORDER 2 0 0 9
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Sound recordings
3 (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
COPYRIGHT AND PERFORMANCES (APPLICATION TO OTHER
COUNTRIES) ORDER 2 0 0 9
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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.
Wireless broadcasts
4 (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.
COPYRIGHT AND PERFORMANCES (APPLICATION TO OTHER
COUNTRIES) ORDER 2 0 0 9
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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.
Performances
6 (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—
COPYRIGHT AND PERFORMANCES (APPLICATION TO OTHER
COUNTRIES) ORDER 2 0 0 9
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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).
Savings
7 (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—
COPYRIGHT AND PERFORMANCES (APPLICATION TO OTHER
COUNTRIES) ORDER 2 0 0 9
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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
(literary,
dramatic,
musical and
artistic works,
films and
typographical
arrangements)
Article 3
(sound
recordings)
Article 4
(wireless
broadcasts)
Article 5
(other
broad-
casts)
Article 6
(perform-
ances)
Albania Applies Applies (*) Applies (1
September
2000)
Designated
Algeria Applies Applies (*) Applies (22
April 2007)
Designated
Andorra Applies Applies (*) Applies 25
May 2004)
Designated
Angola Applies Applies Applies (*)
(23
November
1996)
Deemed
Antigua and
Barbuda
Applies Applies Applies
(*)(Y)
Deemed
Argentina Applies Applies (*) Applies (2
March
1992)
Designated
Armenia Applies Applies (*) Applies (31 Designated
COPYRIGHT AND PERFORMANCES (APPLICATION TO OTHER
COUNTRIES) ORDER 2 0 0 9
7
January
2003)
Australia
(including
Norfolk Island)
Applies Applies (*) Applies (30
September
1992)
Designated
Austria Applies Applies (*) Applies (X) Applies
Azerbaijan Applies Applies (*) Applies (5
October
2005)
Designated
Bahamas Applies Applies
Bahrain Applies Applies (*) Applies (Y) Designated
Bangladesh Applies Applies (*) Applies
(*)(Y)
Deemed
Barbados Applies Applies (*) Applies (18
September
1983)
Designated
Belarus Applies Applies (*) Applies 27
May 2003)
Designated
Belgium Applies Applies (*) Applies (X) Applies
Belize Applies Applies Applies
(*)(Y)
Deemed
Benin Applies Applies (#) Applies (*)
(22
February
1996)
Deemed
Bhutan Applies Applies
Bolivia Applies Applies (*) Applies (24
November
1993)
Designated
Bosnia and
Herzegovina
Applies Applies
Botswana Applies Applies (#) Applies
(*)(Y)
Deemed
Brazil Applies Applies (*) Applies (29
September
1965)
Designated
Brunei
Darussalam
Applies Applies Applies
(*)(Y)
Deemed
COPYRIGHT AND PERFORMANCES (APPLICATION TO OTHER
COUNTRIES) ORDER 2 0 0 9
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Bulgaria Applies Applies (*) Applies (X) Applies
Burkina Faso Applies Applies (*) Applies (14
January
1988)
Designated
Burundi Applies Applies Applies
(*)(Y)
Deemed
Cambodia Applies Applies Applies (*)
(13
October
2004)
Deemed
Cameroon Applies Applies Applies
(*)(Y)
Deemed
Canada Applies Applies (*) Applies (Y) Designated
Cape Verde Applies Applies (*) Applies (3
July 1997)
Designated
Central African
Republic
Applies Applies Applies
(*)(Y)
Deemed
Chad Applies Applies Applies (*)
(19
October
1996)
Deemed
Chile Applies Applies (*) Applies (5
September
1974)
Designated
China Applies Applies (#) Applies (*)
(11
December
2001)
Deemed
Columbia Applies Applies (*) Applies (17
September
1976)
Designated
Comoros Applies Applies
Congo Applies Applies (*) Applies (18
May 1964)
Designated
Costa Rica Applies Applies (*) Applies (9
September
1971)
Designated
Cote d’Ivoire Applies Applies Applies
(*)(Y)
Deemed
COPYRIGHT AND PERFORMANCES (APPLICATION TO OTHER
COUNTRIES) ORDER 2 0 0 9
9
Croatia Applies Applies (*) Applies (20
April 2000)
Designated
Cuba Applies Applies Applies
(*)(Y)
Deemed
Cyprus Applies Applies (*) Applies (X) Applies
Czech Republic Applies Applies (*) Applies (X) Applies
Democratic
Republic of the
Congo
Applies Applies Applies (*)
(1 January
1997)
Deemed
Denmark Applies Applies (*) Applies (X) Applies
Djibouti Applies Applies Applies
(*)(Y)
Deemed
Dominica Applies Applies (*) Applies (Y) Designated
Dominican
Republic
Applies Applies (*) Applies (27
January
1987)
Designated
Ecuador Applies Applies (*) Applies (18
May 1964)
Designated
Egypt Applies Applies Applies
(*)(Y)
Deemed
El Salvador Applies Applies (*) Applies (29
June 1979)
Designated
Equatorial
Guinea
Applies Applies
Estonia Applies Applies (*) Applies (X) Applies
Faeroe Islands Applies Applies Applies (1
February
1962)
Designated
Fiji Applies Applies (*) Applies (11
April 1972)
Designated
Finland Applies Applies (*) Applies (X) Applies
France
(including
Overseas
Departments
and Territories)
Applies Applies (*) Applies (X) Applies
Gabon Applies Applies (#) Applies
(*)(Y)
Deemed
COPYRIGHT AND PERFORMANCES (APPLICATION TO OTHER
COUNTRIES) ORDER 2 0 0 9
1 0
Gambia Applies Applies Applies (*)
(23
October
1996
Deemed
Georgia Applies Applies (*) Applies (14
August
2004)
Designated
Germany Applies Applies (*) Applies (X) Applies
Ghana Applies Applies (*) Applies
(*)(Y)
Deemed
Gibraltar Applies Applies (*) Applies (X) Applies Designated
Greece Applies Applies (*) Applies (X) Applies
Greenland Applies Applies Applies (1
February
1962)
Designated
Grenada Applies Applies Applies (*)
(22
February
1996)
Deemed
Guatemala Applies Applies (*) Applies (14
January
1977)
Designated
Guinea Applies Applies (#) Applies
(*)(Y)
Deemed
Guinea-Bissau Applies Applies Applies
(*)(Y)
Deemed
Guyana Applies Applies Applies
(*)(Y)
Deemed
Haiti Applies Applies Applies (*)
(30
January
1996)
Deemed
Holy See Applies Applies
Honduras Applies Applies (*) Applies (16
February
1990)
Designated
Hong Kong Applies Applies (*) Applies (X) Deemed
Hungary Applies Applies (*) Applies (X) Applies
COPYRIGHT AND PERFORMANCES (APPLICATION TO OTHER
COUNTRIES) ORDER 2 0 0 9
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Iceland Applies Applies (*) Applies (X) Applies Designated
India Applies Applies (*) Applies
(*)(Y)
Deemed
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
January
1994)
Designated
Japan Applies Applies (*) Applies (26
October
1989)
Designated
Jordan Applies Applies (#) Applies (*)
(11 April
2000)
Deemed
Kazakhstan Applies Applies (#) Deemed
Kenya Applies Applies Applies
(*)(Y)
Deemed
Korea,
Democratic
People’s
Republic of
Applies Applies
Korea,
Republic of
Applies Applies Applies
(*)(Y)
Deemed
Kuwait Applies Applies Applies
(*)(Y)
Deemed
Kyrgyzstan Applies Applies (*) Applies (20
December
1998)
Designated
Lao People’s
Democratic
Republic
Applies Applies
Latvia Applies Applies (*) Applies (X) Applies
Lebanon Applies Applies (*) Applies (12
August
1997)
Designated
COPYRIGHT AND PERFORMANCES (APPLICATION TO OTHER
COUNTRIES) ORDER 2 0 0 9
1 2
Lesotho Applies Applies (*) Applies (26
January
1990)
Designated
Liberia Applies Applies
Libyan Arab
Jamahiriya
Applies Applies
Liechtenstein Applies Applies (*) Applies (X) Applies Designated
Lithuania Applies Applies (*) Applies (X) Applies
Luxembourg Applies Applies (*) Applies (X) Applies
Macao Applies Applies Applies
(*)(Y)
Deemed
Macedonia, The
Former
Yugoslav
Republic of
Applies Applies (*) Applies (2
March
1998)
Designated
Madagascar Applies Applies Applies
(*)(Y)
Deemed
Malawi Applies Applies (*) Applies (22
June 1989)
Deemed
Malaysia Applies Applies (*) Applies (X) Deemed
Maldives Applies Applies Applies
(*)(Y)
Deemed
Mali Applies Applies (#) Applies
(*)(Y)
Deemed
Malta Applies Applies (*) Applies (X) Applies
Mauritania Applies Applies Applies
(*)(Y)
Deemed
Mauritius Applies Applies Applies
(*)(Y)
Deemed
Mexico Applies Applies (*) Applies (18
May 1964)
Designated
Micronesia,
Federated
States of
Applies Applies
Moldova,
Republic of
Applies Applies (*) Applies (5
December
1995)
Designated
COPYRIGHT AND PERFORMANCES (APPLICATION TO OTHER
COUNTRIES) ORDER 2 0 0 9
1 3
Monaco Applies Applies (*) Applies (6
December
1985)
Designated
Mongolia Applies Applies (#) Applies (*)
(29
January
1997))
Deemed
Montenegro Applies Applies (*) Applies (10
June 2003)
Designated
Morocco Applies Applies Applies
(*)(Y)
Deemed
Mozambique Applies Applies Applies
(*)(Y)
Deemed
Myanmar Applies Applies Applies
(*)(Y)
Deemed
Namibia Applies Applies Applies
(*)(Y)
Deemed
Nepal Applies Applies Applies (*)
(23 April
2004)
Deemed
Netherlands Applies Applies (*) Applies (X) Applies
Netherlands
Antilles and
Aruba
Applies Applies Applies
(*)(Y)
Deemed
New Zealand Applies Applies (*) Applies
(*)(Y)
Deemed
Nicaragua Applies Applies (*) Applies (Y) Designated
Niger Applies Applies (*) Applies (18
May 1964)
Designated
Nigeria Applies Applies (*) Applies (29
October
1993)
Designated
Norway Applies Applies (*) Applies (X) Applies Designated
Oman Applies Applies Applies (*)
(9
November
2000)
Deemed
Pakistan Applies Applies (*) Applies
(*)(Y)
Deemed
Panama Applies Applies (*) Applies (2 Designated
COPYRIGHT AND PERFORMANCES (APPLICATION TO OTHER
COUNTRIES) ORDER 2 0 0 9
1 4
September
1983)
Papua New
Guinea
Applies Applies Applies (*)
(9 June
1996)
Deemed
Paraguay Applies Applies (*) Applies (26
February
1970)
Designated
Peru Applies Applies (*) Applies (7
August
1985)
Designated
Philippines Applies Applies (*) Applies (25
September
1984)
Designated
Poland Applies Applies (*) Applies (X) Applies
Portugal Applies Applies (*) Applies (X) Applies
Qatar Applies Applies Applies (*)
(13
January
1996)
Deemed
Romania Applies Applies (*) Applies (X) Applies
Russian
Federation
Applies Applies (*) Applies (26
May 2003)
Designated
Rwanda Applies Applies Applies (*)
(22 May
1996)
Deemed
Saint Kitts and
Nevis
Applies Applies Applies (*)
(21
February
1996)
Deemed
Saint Lucia Applies Applies (*) Applies (Y) Designated
Saint Vincent
and the
Grenadines
Applies Applies Applies
(*)(Y)
Deemed
Samoa Applies Applies
Saudi Arabia Applies Applies
Senegal Applies Applies (#) Applies
(*)(Y)
Deemed
COPYRIGHT AND PERFORMANCES (APPLICATION TO OTHER
COUNTRIES) ORDER 2 0 0 9
1 5
Serbia Applies Applies (*) Applies (10
June 2003)
Designated
Sierra Leone Applies Applies Applies
(*)(Y)
Deemed
Singapore Applies Applies (#) Applies (X) Applies Deemed
Slovak
Republic
Applies Applies (*) Applies (X) Applies
Slovenia Applies Applies (*) Applies (X) Applies
Solomon
Islands
Applies Applies Applies (*)
(26 July
1996)
Deemed
South Africa Applies Applies Applies
(*)(Y)
Deemed
Spain Applies Applies (*) Applies (X) Applies
Sri Lanka Applies Applies Applies
(*)(Y)
Deemed
Sudan Applies Applies
Suriname Applies Applies Applies
(*)(Y)
Deemed
Swaziland Applies Applies Applies
(*)(Y)
Deemed
Sweden Applies Applies (*) Applies (X) Applies
Switzerland Applies Applies (*) Applies (X) Applies Designated
Syrian Arab
Republic
Applies Applies (*) Applies (13
May 2006)
Designated
Taiwan Applies Applies (*) Applies (*)
(1 January
2002)
Deemed
Tajikistan Applies Applies
Tanzania,
United
Republic of
Applies Applies Applies
(*)(Y)
Deemed
Thailand Applies Applies (*) Applies
(*)(Y)
Deemed
Togo Applies Applies (*) Applies (Y) Designated
Tonga Applies Applies Applies (*)
(27 July
2007)
Deemed
COPYRIGHT AND PERFORMANCES (APPLICATION TO OTHER
COUNTRIES) ORDER 2 0 0 9
1 6
Trinidad and
Tobago
Applies Applies Applies
(*)(Y)
Deemed
Tunisia Applies Applies Applies
(*)(Y)
Deemed
Turkey Applies Applies (*) Applies (Y) Designated
Uganda Applies Applies Applies
(*)(Y)
Deemed
Ukraine Applies Applies (*) Applies (12
June 2002)
Designated
United Arab
Emirates
Applies Applies (*) Applies (10
April 1996)
Designated
United
Kingdom
Applies Applies (*) Applies (X) Applies Designated
United States
of America
(including
Puerto Rico
and all
territories and
possessions)
Applies Applies (#) Applies
(*)(Y)
Deemed
Uruguay Applies Applies (*) Applies (4
July 1977)
Designated
Uzbekistan Applies Applies
Venezuela Applies Applies (*) Applies (Y) Designated
Vietnam Applies Applies (*) Applies (1
March
2007)
Designated
Zambia Applies Applies Applies
(*)(Y)
Deemed
Zimbabwe Applies Applies Applies
(*)(Y)
Deemed
Made this 5th day of November, 2009
Minister of Energy, Telecommunications and E-Commerce
