Guidance

UK copyright protection for foreign works and nationals

Updated 6 April 2023

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 generally 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
• 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 the Copyright, Designs and Patents Act 1988 (the CDPA) and the Copyright and Performances (Application to Other Countries) Order 2016 (the 2016 Order).

The 2016 order has been amended by:

• the Copyright and Performances (Application to other Countries) (Amendment) Order 2021 (the first 2021 Order)

• the Copyright and Performances (Application To Other Countries) (Amendment) (No.2) Order 2021 (the second 2021 Order)

• the Copyright and Performances (Application To Other Countries) (Amendment) 2023 (The 2023 Order)

The CDPA is the main UK legislation on copyright. Part I of the CDPA deals with copyright works. Chapter IX of Part I sets out the nationality requirements for works to qualify for protection.

Part II of the CDPA deals with rights in performances. Chapter IV of Part II sets out the nationality requirements for performances to qualify for protection.

The 2016 Order simplified the way in which protection is extended to foreign works and performances. It means that most protection is automatically extended to other countries as they become members of the copyright treaties. It also restricts the protection extended to some foreign works and performances.

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 extends copyright protection to certain works from Norway, Iceland and Liechtenstein to implement the UK’s trade agreement with those countries.

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

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. However, sound recordings from countries which are party to the WPPT but not the Rome Convention normally receive less protection than those from countries which are party to the Rome Convention.

Performances

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

• the performance was given in, or by a citizen or resident of, the UK or a country that is party to the Rome Convention, WPPT or a member of the WTO

• the performance is linked to the Channel Islands, the Isle of Man or an Overseas Territory as set out in sections 181 and 206 of the CDPA

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. However, performances from countries which are party to the WPPT but not the Rome Convention normally receive less protection than those from countries which are party to the Rome Convention.

Performances in films normally qualify for protection only if they come from countries that are party to the Rome Convention. Performances in sound recordings normally only qualify for remuneration for being played in public or broadcast if they come from a country that provides equivalent protection to UK performers.