Guidance

UK copyright protection for foreign works and nationals

Updated 13 November 2024

© Crown copyright 2024

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/uk-copyright-protection-for-foreign-works-and-nationals/uk-copyright-protection-for-foreign-works-and-nationals

Introduction

This page provides general guidance on how UK law protects foreign copyright works and performances. It is not legal advice and is not intended to be comprehensive.

UK copyright law extends full, partial or no protection to foreign works and performances based on the country of origin of the work or performance.

This is based on principles in the copyright treaties that the UK has joined. These include the:

  • Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
  • Berne Convention for the Protection of Literary and Artistic Works
  • Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
  • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
  • World Intellectual Property Organization (WIPO) Copyright Treaty (WCT)
  • WIPO Performances and Phonograms Treaty (WPPT)

These require the UK to protect copyright works (such as books, broadcasts and sound recordings) and performances from other countries that are members of these treaties.

The UK also has trade agreements and reciprocal arrangements with various countries under which the UK protects copyright works and performances from those countries.

Overview

The protection for foreign works and performances is set out in:

The CDPA has been amended by:

The 2016 order has been amended a number of times by:

The CDPA is the main UK legislation on copyright. Part I of the CDPA deals with copyright works. Part II deals with rights in performances.

The CDPA sets out general rules that govern whether a work or performance qualifies for protection. These are set out in Chapter IX of Part I for works, and Chapter IV of Part II for performances.

The 2016 Order builds on and modifies these rules in certain cases. It extends protections to certain countries, or classes of countries, not covered by the CDPA. It also applies restrictions to the protections extended to certain countries.

The first 2021 Order amended the 2016 Order. It updated the 2016 Order’s list of countries that are members of WPPT. This ensures that performers from those countries enjoy rights in the UK. It also extended protections to nationals of certain countries with which the UK has a trade agreement. The second 2021 Order further amended the 2016 Order. It extended copyright protection to certain works from Norway, Iceland and Liechtenstein to implement the UK’s trade agreement with those countries.

The 2023 Order made further amendments to the 2016 Order. This extended copyright protection to certain works from Australia and New Zealand to implement the UK’s trade agreement with those countries. The Order also updated the 2016 Order’s list of countries that are members of the WPPT.

Further amendments were made to both the CDPA and 2016 Order to allow the UK to join CPTPP:

  • the CPTPP Act amended the CDPA to expand eligibility for rights in performances, so more performances would qualify for protection

  • the first 2024 Order further amended the 2016 Order. This removed some restrictions on the protection provided to works and performances from CPTPP countries, and some other countries that are members of other relevant treaties

The second 2024 Order further amended the 2016 Order. It means that some of the changes made by the CPTPP Act do not apply to the right of performers to receive equitable remuneration when their sound recordings are broadcast or played in public.

Below is a summary of the protection for foreign works and performances under the CDPA and 2016 Order. However, different rules apply in some cases. For detailed information on the protection for foreign works and performances, check the CDPA and the 2016 Order as amended.

Literary, musical, dramatic and artistic works, films and typographical arrangements

Literary, musical, dramatic and artistic works, films, and typographical arrangements of published editions are eligible for protection if any of the following applies:

  • the author is a citizen or resident of, or a body incorporated under the law of, the UK or a country that is party to the Berne Convention or a member of the World Trade Organization (WTO)

  • the work was first published in the UK or a country that is party to the Berne Convention or a member of the WTO

  • the work is linked to the Channel Islands, the Isle of Man, or an Overseas Territory as set out in Chapter IX of the CDPA

Broadcasts

Broadcasts are eligible for protection if any of the following applies:

  • the broadcaster is a citizen or resident of, or a body incorporated under the law of, the UK or a country that is party to the Rome Convention or a member of the WTO

  • the broadcast is first transmitted from the UK or a country that is party to the Rome Convention or a member of the WTO

  • the broadcast is linked to the Channel Islands, the Isle of Man or an Overseas Territory as set out in Chapter IX of the CDPA

Broadcasts from countries that are party to the Rome Convention or members of the WTO normally only qualify for protection if they are wireless broadcasts. However, wired broadcasts from certain countries listed in the 2016 Order are also protected. Broadcasts from countries which are party to the Rome Convention normally receive greater protection than those from countries that are not party to the Rome Convention.

Sound recordings

Sound recordings are eligible for protection if any of the following applies:

  • the producer is a citizen or resident of, or a body incorporated under the law of, the UK or a country that is party to the Rome Convention, WPPT, the Berne Convention or a member of the WTO

  • the sound recording was first published in the UK or a country that is party to the Rome Convention, WPPT, the Berne Convention or a member of the WTO

  • the sound recording is linked to the Channel Islands, the Isle of Man, or an Overseas Territory as set out in Chapter IX of the CDPA

Sound recordings from countries which are party to the Rome Convention or WPPT normally receive greater protection than those from countries which are not party to these treaties.

Performances

Performances are eligible for protection if any of the following apply:

  • the performance was given in a qualifying country
  • the performer is a citizen or resident of a qualifying country
  • the producer of the sound recording of the performance is a national or resident of, or a body incorporated under the law of, a qualifying country, or
  • the sound recording of the performance is published in a qualifying country within 30 days of the original publication
  • the performance has not been included in a sound recording, and the performance is broadcast from, or by a broadcasting organisation headquartered in, a qualifying country

The UK, Channel Islands, the Isle of Man or Gibraltar and countries party to the Rome Convention, WPPT or WTO are all qualifying countries.

Performances from countries which are party to the Rome Convention or WPPT normally receive greater protection than those from countries which are not party to these treaties.

Performances in films normally qualify for protection only if they come from countries that are party to the Rome Convention.

Performers qualify for the right to receive equitable remuneration when sound recordings of their performances are broadcast or played in public if any of the following apply:

  • the performance was given in the UK, a Crown Dependency or Gibraltar, a country that is party to the Rome Convention, or Malta
  • the performer is a citizen or resident of the UK, a Crown Dependency or Gibraltar, a country that is party to the Rome Convention, or Malta
  • the producer of the sound recording of the performance is a national or resident of, or a body incorporated under the law of the UK, a Crown Dependency or Gibraltar, a country that is party to the Rome Convention, or Malta

A performer also qualifies for this right if the performance was given in, or by a citizen or resident of, a country party to the WPPT. In these cases, the performer only qualifies for the right where and to the extent the country provides equivalent protection to UK performers.

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