SCHEDULES
C3 SCHEDULE 2 Rights in performances: permitted acts
Introductory
1
1
The provisions of this Schedule specify acts which may be done in relation to a performance or recording notwithstanding the rights conferred by F1this Chapter; they relate only to the question of infringement of those rights and do not affect any other right or obligation restricting the doing of any of the specified acts.
2
No inference shall be drawn from the description of any act which may by virtue of this Schedule be done without infringing the rights conferred by F1this Chapter as to the scope of those rights.
3
The provisions of this Schedule are to be construed independently of each other, so that the fact that an act does not fall within one provision does not mean that it is not covered by another provision.
F61Making of temporary copies
Sch. 2 para. 1A and cross-heading inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498) , reg. 8(2) (with regs. 31-40 )
1A
The rights conferred by F2this Chapter are not infringed by the making of a temporary copy of a recording of a performance which is transient or incidental, which is an integral and essential part of a technological process and the sole purpose of which is to enable—
a
a transmission of the recording in a network between third parties by an intermediary; or
b
a lawful use of the recording;
and which has no independent economic significance.
F76Personal copies of recordings for private use
Sch. 2 para. 1B and cross-heading inserted (1.10.2014) by The Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014 (S.I. 2014/2361), regs. 1(1), 3(3) (with reg. 5) (but note that the amending S.I. was quashed with prospective effect by the High Court in the case of R (British Academy of Songwriters, Composers and Authors and others) v Secretary of State for Business, Innovation and Skills [2015] EWHC 2041 (Admin), 17 July 2015)
1B
1
The making of a copy of a recording of a performance by an individual does not infringe the rights conferred by this Chapter provided that the copy—
a
is a copy of—
i
the individual’s own copy of the recording, or
ii
a personal copy of the recording made by the individual,
b
is made for the individual’s private use, and
c
is made for ends which are neither directly nor indirectly commercial.
2
In this paragraph “the individual’s own copy” is a copy of a recording which—
a
has been lawfully acquired by the individual on a permanent basis,
b
is not an illicit recording, and
c
has not been made under any provision of this Schedule which permits the making of a copy without infringing the rights conferred by this Chapter.
3
In this paragraph a “personal copy” means a copy made under this paragraph.
4
The rights conferred by this Chapter in a recording are infringed if an individual transfers a personal copy of the recording to another person (otherwise than on a private and temporary basis), except where the transfer is authorised by the rights owner.
5
If the rights conferred by this Chapter are infringed as set out in sub-paragraph (4), a personal copy which has been transferred is for all purposes subsequently treated as an illicit recording.
6
The rights conferred by this Chapter in a recording are also infringed if an individual, having made a personal copy of the recording, transfers the individual’s own copy of the recording to another person (otherwise than on a private and temporary basis) and, after that transfer and without the consent of the rights owner, retains any personal copy.
7
If the rights conferred by this Chapter are infringed as set out in sub-paragraph (6), any retained personal copy is for all purposes subsequently treated as an illicit recording.
8
To the extent that a term of a contract purports to prevent or restrict the making of a copy which, by virtue of this paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.
9
Expressions used but not defined in this paragraph have the same meaning as in section 28B.
F64Research and private study
Sch. 2 paras. 1C, 1D and cross-headings inserted (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 3(3)
1C
1
Fair dealing with a performance or a recording of a performance for the purposes of research for a non-commercial purpose does not infringe the rights conferred by this Chapter.
2
Fair dealing with a performance or recording of a performance for the purposes of private study does not infringe the rights conferred by this Chapter.
3
Copying of a recording by a person other than the researcher or student is not fair dealing if—
a
in the case of a librarian, or a person acting on behalf of a librarian, that person does anything which is not permitted under paragraph 6F (copying by librarians: single copies of published recordings), or
b
in any other case, the person doing the copying knows or has reason to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose.
4
To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.
5
Expressions used in this paragraph have the same meaning as in section 29.
Copies for text and data analysis for non-commercial research
1D
1
The making of a copy of a recording of a performance by a person who has lawful access to the recording does not infringe any rights conferred by this Chapter provided that the copy is made in order that a person who has lawful access to the recording may carry out a computational analysis of anything recorded in the recording for the sole purpose of research for a non-commercial purpose.
2
Where a copy of a recording has been made under this paragraph, the rights conferred by this Chapter are infringed if—
a
the copy is transferred to any other person, except where the transfer is authorised by the rights owner, or
b
the copy is used for any purpose other than that mentioned in sub-paragraph (1), except where the use is authorised by the rights owner.
3
If a copy of a recording made under this paragraph is subsequently dealt with—
a
it is to be treated as an illicit recording for the purposes of that dealing, and
b
if that dealing infringes any right conferred by this Chapter, it is to be treated as an illicit recording for all subsequent purposes.
4
To the extent that a term of a contract purports to prevent or restrict the making of a copy which, by virtue of this paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.
5
Expressions used in this paragraph have the same meaning as in section 29A.
Criticism, reviewsF78, quotation and news reporting
Word in Sch. 2 para. 2 heading inserted (1.10.2014) by S.I. 2014/2356 reg. 4(2)
2
F31
Fair dealing with a performance or recording for the purpose of criticism or review, of that or another performance or recording, or of a work, does not infringe any of the rights conferred by F4this Chapter provided that the performance or recording has been made available to the public.
F801ZA
The rights conferred by this Chapter in a performance or a recording of a performance are not infringed by the use of a quotation from the performance or recording (whether for criticism or review or otherwise) provided that—
a
the performance or recording has been made available to the public,
b
the use of the quotation is fair dealing with the performance or recording, and
c
the extent of the quotation is no more than is required by the specific purpose for which it is used.
1A
Fair dealing with a performance or recording for the purpose of reporting current events does not infringe any of the rights conferred by F4this Chapter.
F791B
To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of sub-paragraph (1ZA), would not infringe any right conferred by this Chapter, that term is unenforceable.
2
Expressions used in this paragraph have the same meaning as in section 30.
F77Caricature, parody or pastiche
Sch. 2 para. 2A and cross-heading inserted (1.10.2014) by The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 (S.I. 2014/2356), regs. 1, 5(2)
2A
1
Fair dealing with a performance or a recording of a performance for the purposes of caricature, parody or pastiche does not infringe the rights conferred by this Chapter in the performance or recording.
2
To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.
3
Expressions used in this paragraph have the same meaning as in section 30A.
Incidental inclusion of performance or recording
3
1
2
Nor are those rights infringed by anything done in relation to copies of, or the playing, showing F7or communication to the public of, anything whose making was, by virtue of sub-paragraph (1), not an infringement of those rights.
3
A performance or recording so far as it consists of music, or words spoken or sung with music, shall not be regarded as incidentally included in a sound recording F6or broadcast if it is deliberately included.
4
Expressions used in this paragraph have the same meaning as in section 31.
F65Disabled persons: copies of recordings for personal use
Sch. 2 paras. 3A-3E and cross-headings inserted (1.6.2014) by The Copyright and Rights in Performances (Disability) Regulations 2014 (S.I. 2014/1384), regs. 1(1), 3
3A
1
This paragraph applies if—
a
a disabled person has lawful F88access to a copy of the whole or part of a recording of a performance, and
b
the person’s disability prevents the person from enjoying the recording to F89substantially the same degree as a person who does not have that disability.
2
The making of an accessible copy of the copy of the recording referred to in sub-paragraph (1)(a) does not infringe the rights conferred by this Chapter if—
a
the copy is made by the disabled person F90and or by a person acting on behalf of the disabled person,
b
the copy is made for the disabled person’s personal use, F91...
F92c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F933
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The rights conferred by this Chapter are infringed by the transfer of an accessible copy of a recording made under this paragraph to any person other than—
a
a person by or for whom an accessible copy of the recording may be made under this paragraph, or
b
a person who intends to transfer the copy to a person falling within paragraph (a),
except where the transfer is authorised by the rights owner.
5
An accessible copy of a recording made under this paragraph is to be treated for all purposes as an illicit recording if it is held by a person at a time when the person does not fall within sub-paragraph (4)(a) or (b).
6
If an accessible copy of a recording made under this paragraph is subsequently dealt with—
a
it is to be treated as an illicit recording for the purposes of that dealing, and
b
if that dealing infringes any right conferred by this Chapter, it is to be treated as an illicit recording for all subsequent purposes.
Making F84communicating, making available, distributing or lending of accessible copies by authorised bodies
Words in Sch. 2 para. 3B heading substituted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 13(2)
3B
F941
If—
a
an authorised body has lawful access to the whole or part of a work which has been published or otherwise made available, and
b
the body complies with sub-paragraph (1A),
the body may, without infringing the rights conferred by this Chapter, make, communicate, make available, distribute or lend accessible copies of the work on a non-profit basis for the personal use of disabled persons in the United Kingdom F109....
1A
An authorised body complies with this sub-paragraph if it—
a
distributes, communicates, makes available or lends accessible copies only to disabled persons or other authorised bodies,
b
takes appropriate steps to discourage the unauthorised reproduction, distribution, communication to the public or making available to the public of accessible copies,
c
demonstrates due care in, and maintains records of, its handling of works and accessible copies, and
d
publishes and updates, on its website if appropriate, or through other online or offline channels, information on how it complies with the obligations in paragraphs (a), (b) and (c).
F962
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F963
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F865
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F866
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F867
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
An authorised body which has made an accessible copy of a recording under this paragraph may F100communicate, make available, distribute or lend it to another authorised body F101established in the United Kingdom F110... which is entitled to make accessible copies of the recording under this paragraph for the purposes of enabling that other body to make accessible copies of the recording.
F1029
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
If an accessible copy of a recording made under this paragraph is subsequently dealt with—
a
it is to be treated as an illicit recording for the purposes of that dealing, and
b
if that dealing infringes any right conferred by this Chapter, it is to be treated as an illicit recording for all subsequent purposes.
F9511
In this paragraph “dealt with” means sold or let for hire or offered or exposed for sale or hire.
Making F85communicating, making available, distributing or lending of intermediate copies by authorised bodies
Words in Sch. 2 para. 3C heading substituted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 14(2)
3C
1
An authorised body which is entitled to make an accessible copy of a recording of a performance under paragraph 3B may, without infringing the rights conferred by this Chapter, make a copy of the recording (“an intermediate copy”) if this is necessary in order to make the accessible copy.
2
An authorised body which has made an intermediate copy of a recording under this paragraph may F103communicate, make available, distribute or lend it on a non-profit basis it to another authorised body which is entitled to make accessible copies of the recording under paragraph 3B for the purposes of enabling that other body to make accessible copies of the recording.
3
The rights conferred by this Chapter are infringed by the transfer of an intermediate copy made under this paragraph to a person other than another authorised body as permitted by sub-paragraph (2), except where the transfer is authorised by the rights owner.
F1044
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Accessible and intermediate copies: records
F873D
1
A person listed in sub-paragraph (2) may request an authorised body—
a
making accessible copies under paragraph 3B, or
b
making intermediate copies under paragraph 3C,
to provide the person with the information in sub-paragraph (4).
2
On receipt of a request under sub-paragraph (1), an authorised body must provide the information to the person in an accessible way within in a reasonable time.
3
The persons who may make a request under sub-paragraph (1) are—
a
disabled person;
b
another authorised body;
c
rightholders.
4
The information that must be provided by the authorised body is—
a
the list of works for which it has accessible copies and the available formats, and
b
the name and contact details of any authorised body established in F111a member State of the European Union from which, or to which, it has imported, exported or accessed an accessible copy.
Paragraphs 3A to 3D: interpretation and general
3E
1
This paragraph supplements paragraphs 3A to 3D and includes definitions.
2
“Disabled person” means a person who has a physical or mental impairment which prevents the person from enjoying a recording of a performance to F105substantially the same degree as a person who does not have that impairment, and “disability” is to be construed accordingly.
3
But a person is not to be regarded as disabled by reason only of an impairment of visual function which can be improved, F106for example by the use of corrective lenses, to a level that is normally acceptable for reading without a special level or kind of light.
4
An “accessible copy” of a recording of a performance means a version of the recording which enables F107disabled persons to access that version, including accessing it as feasibly and comfortably as a person who is not a disabled person.
5
An accessible copy—
a
may include facilities for navigating around the version of the recording, but
b
must not include any changes to the recording which are not necessary to overcome the problems suffered by the disabled persons for whom the accessible copy is intended.
6
To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of paragraph 3A, 3B or 3C, would not infringe any right conferred by this Chapter, that term is unenforceable.
7
“Authorised body” F108has the meaning given in section 31F, and other expressions used in paragraphs 3A to 3D but not defined in this paragraph have the same meaning as in sections 31A to 31BB.
F66Illustration for instruction
Sch. 2 para. 4 substituted (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 4(4)
4
1
Fair dealing with a performance or a recording of a performance for the sole purpose of illustration for instruction does not infringe the rights conferred by this Chapter provided that the dealing is—
a
for a non-commercial purpose, and
b
by a person giving or receiving instruction (or preparing for giving or receiving instruction).
2
To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.
3
Expressions used in this paragraph have the same meaning as in section 32.
Playing or showing sound recording, film, F10or broadcastat educational establishment
Words in heading preceding Sch. 2 para. 5 substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498) , reg. 2(1) , Sch. 1 para. 2(2) (with regs. 31-40 )
5
1
The playing or showing of a sound recording, film F8or broadcast at an educational establishment for the purposes of instruction before an audience consisting of teachers and pupils at the establishment and other persons directly connected with the activities of the establishment is not a playing or showing of a performance in public for the purposes of infringement of the rights conferred by F9this Chapter .
2
A person is not for this purpose directly connected with the activities of the educational establishment simply because he is the parent of a pupil at the establishment.
3
Expressions used in this paragraph have the same meaning as in section 34 and any provision made under section 174(2) with respect to the application of that section also applies for the purposes of this paragraph.
F67Recording by educational establishments of broadcasts
Sch. 2 paras. 6, 6ZA and cross-headings substituted (1.6.2014) for Sch. 2 para. 6 and cross-heading by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 4(5)
6
1
A recording of a broadcast, or a copy of such a recording, may be made by or on behalf of an educational establishment for the educational purposes of that establishment without infringing any of the rights conferred by this Chapter in relation to any performance or recording included in it, provided that the educational purposes are non-commercial.
2
The rights conferred by this Chapter are not infringed where a recording of a broadcast or a copy of such a recording, made under sub-paragraph (1), is communicated by or on behalf of the educational establishment to its pupils or staff for the non-commercial educational purposes of that establishment.
3
Sub-paragraph (2) only applies to a communication received outside the premises of the establishment if that communication is made by means of a secure electronic network accessible only by the establishment’s pupils and staff.
4
Acts which would otherwise be permitted by this paragraph are not permitted if, or to the extent that, licences are available authorising the acts in question and the educational establishment responsible for those acts knew or ought to have been aware of that fact.
5
If a recording made under this paragraph is subsequently dealt with—
a
it is to be treated as an illicit recording for the purposes of that dealing, and
b
if that dealing infringes any right conferred by this Chapter, it is to be treated as an illicit recording for all subsequent purposes.
6
In this paragraph “dealt with” means—
a
sold or let for hire,
b
offered or exposed for sale or hire, or
c
communicated otherwise than as permitted by sub-paragraph (2).
7
Expressions used in this paragraph (other than “dealt with”) have the same meaning as in section 35 and any provision made under section 174(2) with respect to the application of that section also applies for the purposes of this paragraph.
Copying and use of extracts of recordings by educational establishments
6ZA
1
The copying of extracts of a recording of a performance by or on behalf of an educational establishment does not infringe any of the rights conferred by this Chapter in the recording provided that the copy is made for the purposes of instruction for a non-commercial purpose.
2
The rights conferred by this Chapter are not infringed where an extract of a recording of a performance, made under sub-paragraph (1), is communicated by or on behalf of the educational establishment to its pupils or staff for the purposes of instruction for a non-commercial purpose.
3
Sub-paragraph (2) only applies to a communication received outside the premises of the establishment if that communication is made by means of a secure electronic network accessible only by the establishment’s pupils and staff.
4
Not more than 5% of a recording may be copied under this paragraph by or on behalf of an educational establishment in any period of 12 months.
5
Acts which would otherwise be permitted by this paragraph are not permitted if, or to the extent that, licences are available authorising the acts in question and the educational establishment responsible for those acts knew or ought to have been aware of that fact.
6
The terms of a licence granted to an educational establishment authorising acts permitted by this paragraph are of no effect so far as they purport to restrict the proportion of a recording which may be copied (whether on payment or free of charge) to less than that which would be permitted by this paragraph.
7
If a recording made under this paragraph is subsequently dealt with—
a
it is to be treated as an illicit recording for the purposes of that dealing, and
b
if that dealing infringes any right conferred by this Chapter, it is to be treated as an illicit recording for all subsequent purposes.
8
In this paragraph “dealt with” means—
a
sold or let for hire,
b
offered or exposed for sale or hire, or
c
communicated otherwise than as permitted by sub-paragraph (2).
9
Expressions used in this paragraph (other than “dealt with”) have the same meaning as in section 36 and any provision made under section 174(2) with respect to the application of that section also applies for the purposes of this paragraph.
F13 Lending of copies by educational establishments
Sch. 2 para. 6A and crossheading inserted (1.12.1996) by S.I. 1996/2967 , reg. 20(3) (with Pt. III )
F116A
1
The rights conferred by F12this Chapter are not infringed by the lending of copies of a recording of a performance by an educational establishment.
2
Expressions used in this paragraph have the same meaning as in section 36A; and any provision with respect to the application of that section made under section 174(2) (instruction given elsewhere than an educational establishment) applies also for the purposes of this paragraph.
F16 Lending of copies by libraries or archives
Sch. 2 para. 6B and crossheading inserted (1.12.1996) by S.I. 1996/2967 , reg. 20(3) (with Pt. III )
C1F14 6B
1
F75A1
The rights conferred by this Chapter are not infringed by the following acts by a public library in relation to a book within the public lending right scheme—
a
lending the book;
b
in relation to an audio-book or e-book, copying or issuing a copy of the book as an act incidental to lending it.
A2
Expressions used in sub-paragraph (A1) have the same meaning as in section 40A(1).
F74 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F68 Libraries and educational establishments etc : making recordings of performances available through dedicated terminals
Sch. 2 paras. 6C-6H and cross-headings inserted (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 6
6C
1
The rights conferred by this Chapter in a recording of a performance are not infringed by an institution specified in sub-paragraph (2) communicating the recording to the public or making it available to the public by means of a dedicated terminal on its premises, if the conditions in sub-paragraph (3) are met.
2
The institutions are—
a
a library,
b
an archive,
c
a museum, and
d
an educational establishment.
3
The conditions are that the recording or a copy of the recording—
a
has been lawfully acquired by the institution,
b
is communicated or made available to individual members of the public for the purposes of research or private study, and
c
is communicated or made available in compliance with any purchase or licensing terms to which the recording is subject.
Copying by librarians: supply of single copies to other libraries
6D
1
A librarian may, if the conditions in sub-paragraph (2) are met, make a single copy of the whole or part of a published recording of a performance and supply it to another library, without infringing any rights conferred by this Chapter in the recording.
2
The conditions are—
a
the copy is supplied in response to a request from a library which is not conducted for profit, and
b
at the time of making the copy the librarian does not know, or could not reasonably find out, the name and address of a person entitled to authorise the making of a copy of the recording.
3
Where a library makes a charge for supplying a copy under this paragraph, the sum charged must be calculated by reference to the costs attributable to the production of the copy.
4
To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.
Copying by librarians etc : replacement copies of recordings
6E
1
A librarian, archivist or curator of a library, archive or museum may, without infringing any rights conferred by this Chapter, make a copy of a recording of a performance in that institution’s permanent collection—
a
in order to preserve or replace that recording in that collection, or
b
where a recording in the permanent collection of another library, archive or museum has been lost, destroyed or damaged, in order to replace the recording in the collection of that other library, archive or museum,
provided that the conditions in sub-paragraphs (2) and (3) are met.
2
The first condition is that the recording is—
a
included in the part of the collection kept wholly or mainly for the purposes of reference on the institution’s premises,
b
included in a part of the collection not accessible to the public, or
c
available on loan only to other libraries, archives or museums.
3
The second condition is that it is not reasonably practicable to purchase a copy of the recording to achieve either of the purposes mentioned in sub-paragraph (1).
4
The reference in sub-paragraph (1)(b) to a library, archive or museum is to a library, archive or museum which is not conducted for profit.
5
Where an institution makes a charge for supplying a copy to another library, archive or museum under sub-paragraph (1)(b), the sum charged must be calculated by reference to the costs attributable to the production of the copy.
6
To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.
Copying by librarians: single copies of published recordings
6F
1
A librarian of a library which is not conducted for profit may, if the conditions in sub-paragraph (2) are met, make and supply a single copy of a reasonable proportion of a published recording without infringing any of the rights in the recording conferred by this Chapter.
2
The conditions are—
a
the copy is supplied in response to a request from a person who has provided the librarian with a declaration in writing which includes the information set out in sub-paragraph (3), and
b
the librarian is not aware that the declaration is false in a material particular.
3
The information which must be included in the declaration is—
a
the name of the person who requires the copy and the material which that person requires,
b
a statement that the person has not previously been supplied with a copy of that material by any library,
c
a statement that the person requires the copy for the purposes of research for a non-commercial purpose or private study, will use it only for those purposes and will not supply the copy to any other person, and
d
a statement that to the best of the person’s knowledge, no other person with whom the person works or studies has made, or intends to make, at or about the same time as the person’s request, a request for substantially the same material for substantially the same purpose.
4
Where a library makes a charge for supplying a copy under this paragraph, the sum charged must be calculated by reference to the costs attributable to the production of the copy.
5
Where a person (“P”) makes a declaration under this paragraph that is false in a material particular and is supplied with a copy of a recording which would have been an illicit recording if made by P—
a
P is liable for infringement of the rights conferred by this Chapter as if P had made the copy, and
b
the copy supplied to P is to be treated as an illicit recording for all purposes.
6
To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.
Copying by librarians or archivists: single copies of unpublished recordings
6G
1
A librarian or archivist may make and supply a single copy of the whole or part of a recording without infringing any of the rights conferred by this Chapter in the recording, provided that—
a
the copy is supplied in response to a request from a person who has provided the librarian or archivist with a declaration in writing which includes the information set out in sub-paragraph (2), and
b
the librarian or archivist is not aware that the declaration is false in a material particular.
2
The information which must be included in the declaration is—
a
the name of the person who requires the copy and the material which that person requires,
b
a statement that the person has not previously been supplied with a copy of that material by any library or archive, and
c
a statement that the person requires the copy for the purposes of research for a non-commercial purpose or private study, will use it only for those purposes and will not supply the copy to any other person.
3
But the rights conferred by this Chapter are infringed if—
a
the recording had been published or communicated to the public before the date it was deposited in the library or archive, or
b
the rights owner has prohibited the copying of the recording,
and at the time of making the copy the librarian or archivist is, or ought to be, aware of that fact.
4
Where a library or archive makes a charge for supplying a copy under this paragraph, the sum charged must be calculated by reference to the costs attributable to the production of the copy.
5
Where a person (“P”) makes a declaration under this paragraph that is false in a material particular and is supplied with a copy of a recording which would have been an illicit recording if made by P—
a
P is liable for infringement of the rights conferred by this Chapter as if P had made the copy, and
b
the copy supplied to P is to be treated as an illicit recording for all purposes.
Paragraphs 6B to 6G: interpretation
6H
Expressions used in paragraphs 6B to 6G have the same meaning as in sections 40A to 43.
F81Certain permitted uses of orphan works
Sch. 2 para. 6I and cross-heading inserted (29.10.2014) by The Copyright and Rights in Performances (Certain Permitted Uses of Orphan Works) Regulations 2014 (S.I. 2014/2861), regs. 1, 3(4)
6I
1
The rights conferred by this Chapter are not infringed by a relevant body in the circumstances set out in paragraph 1(2) of Schedule ZA1 (subject to paragraph 6 of that Schedule).
2
“Relevant body” has the meaning given by that Schedule.
Copy of work required to be made as condition of export
7
1
If an article of cultural or historical importance or interest cannot lawfully be exported from the United Kingdom unless a copy of it is made and deposited in an appropriate library or archive, it is not an infringement of any right conferred by F17this Chapter to make that copy.
2
Expressions used in this paragraph have the same meaning as in section 44.
Parliamentary and judicial proceedings
8
1
The rights conferred by F18this Chapter are not infringed by anything done for the purposes of parliamentary or judicial proceedings or for the purpose of reporting such proceedings.
2
Expressions used in this paragraph have the same meaning as in section 45.
Royal Commissions and statutory inquiries
9
1
The rights conferred by F19this Chapter are not infringed by anything done for the purposes of the proceedings of a Royal Commission or statutory inquiry or for the purpose of reporting any such proceedings held in public.
2
Expressions used in this paragraph have the same meaning as in section 46.
Public records
10
1
Material which is comprised in public records within the meaning of the M1Public Records Act 1958, the M2Public Records (Scotland) Act 1937 or the M3Public Records Act (Northern Ireland) 1923 F20, or in Welsh public records (as defined in F21the Government of Wales Act 2006), which are open to public inspection in pursuance of that Act, may be copied, and a copy may be supplied to any person, by or with the authority of any officer appointed under that Act, without infringing any right conferred by F22this Chapter.
2
Expressions used in this paragraph have the same meaning as in section 49.
Acts done under statutory authority
11
1
Where the doing of a particular act is specifically authorised by an Act of Parliament, whenever passed, then, unless the Act provides otherwise, the doing of that act does not infringe the rights conferred by F23this Chapter .
2
Sub-paragraph (1) applies in relation to an enactment contained in Northern Ireland legislation as it applies to an Act of Parliament.
3
Nothing in this paragraph shall be construed as excluding any defence of statutory authority otherwise available under or by virtue of any enactment.
4
Expressions used in this paragraph have the same meaning as in section 50.
Transfer of copies of works in electronic form
12
1
This paragraph applies where a recording of a performance in electronic form has been purchased on terms which, expressly or impliedly or by virtue of any rule of law, allow the purchaser to make further recordings in connection with his use of the recording.
2
If there are no express terms—
a
prohibiting the transfer of the recording by the purchaser, imposing obligations which continue after a transfer, prohibiting the assignment of any consent or terminating any consent on a transfer, or
b
providing for the terms on which a transferee may do the things which the purchaser was permitted to do,
anything which the purchaser was allowed to do may also be done by a transferee without infringement of the rights conferred by F24this Chapter, but any recording made by the purchaser which is not also transferred shall be treated as an illicit recording for all purposes after the transfer.
3
The same applies where the original purchased recording is no longer usable and what is transferred is a further copy used in its place.
4
The above provisions also apply on a subsequent transfer, with the substitution for references in sub-paragraph (2) to the purchaser of references to the subsequent transferor.
5
This paragraph does not apply in relation to a recording purchased before the commencement of F25this Chapter.
6
Expressions used in this paragraph have the same meaning as in section 56.
Use of recordings of spoken works in certain cases
13
1
Where a recording of the reading or recitation of a literary work is made for the purpose—
a
of reporting current events, or
b
of F26communicating to the public the whole or part of the reading or recitation,
it is not an infringement of the rights conferred by F27this Chapter to use the recording (or to copy the recording and use the copy) for that purpose, provided the following conditions are met.
2
The conditions are that—
a
the recording is a direct recording of the reading or recitation and is not taken from a previous recording or from a broadcast F28. . . ;
b
the making of the recording was not prohibited by or on behalf of the person giving the reading or recitation;
c
the use made of the recording is not of a kind prohibited by or on behalf of that person before the recording was made; and
d
the use is by or with the authority of a person who is lawfully in possession of the recording.
3
Expressions used in this paragraph have the same meaning as in section 58.
Recordings of folksongs
14
1
2
The conditions are that—
a
the words are unpublished and of unknown authorship at the time the recording is made,
b
the making of the recording does not infringe any copyright, and
c
its making is not prohibited by any performer.
F713
A single copy of a recording made in reliance on sub-paragraph (1) and included in an archive referred to in that sub-paragraph may be made and supplied by the archivist without infringing any right conferred by this Chapter, provided that—
a
the copy is supplied in response to a request from a person who has provided the archivist with a declaration in writing which includes the information set out in sub-paragraph (4), and
b
the archivist is not aware that the declaration is false in a material particular.
4
The information which must be included in the declaration is—
a
the name of the person who requires the copy and the recording which is the subject of the request,
b
a statement that the person has not previously been supplied with a copy of that recording by any archivist, and
c
a statement that the person requires the copy for the purposes of research for a non-commercial purpose or private study, will use it only for those purposes and will not supply the copy to any other person.
5
Where an archive makes a charge for supplying a copy under this paragraph, the sum charged must be calculated by reference to the costs attributable to the production of the copy.
6
Where a person (“P”) makes a declaration under this paragraph that is false in a material particular and is supplied with a copy of a recording which would have been an illicit recording if made by P—
a
P is liable for infringement of the rights conferred by this Chapter as if P had made the copy, and
b
the copy supplied to P is to be treated as an illicit recording for all purposes.
7
In this paragraph references to an archivist include a person acting on behalf of an archivist.
8
Expressions used in this paragraph have the same meaning as in section 61.
F31 Lending of certain recordings
Sch. 2 para. 14A and crossheading inserted (1.12.1996) by S.I. 1996/2967 , reg. 20(3) (with Pt. III )
F3014A
1
The Secretary of State may by order provide that in such cases as may be specified in the order the lending to the public of copies of films or sound recordings shall be treated as licensed by the performer subject only to the payment of such reasonable royalty or other payment as may be agreed or determined in default of agreement by the Copyright Tribunal.
2
No such order shall apply if, or to the extent that, there is a licensing scheme certified for the purposes of this paragraph under paragraph 16 of Schedule 2A providing for the grant of licences.
3
An order may make different provision for different cases and may specify cases by reference to any factor relating to the work, the copies lent, the lender or the circumstances of the lending.
4
An order shall be made by statutory instrument; and no order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
5
Nothing in this section affects any liability under section 184(1)(b) (secondary infringement: possessing or dealing with illicit recording) in respect of the lending of illicit recordings.
6
Expressions used in this paragraph have the same meaning as in section 66.
Playing of sound recordings for purposes of club, society, &c
15
F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Incidental recording for purposes of broadcast F36. . .
Words in heading preceding Sch. 2 para. 16 repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498) , reg. 2(2) , Sch. 2 (with regs. 31-40 )
16
1
2
That consent is subject to the condition that the further recording—
a
shall not be used for any other purpose, and
b
shall be destroyed within 28 days of being first used for broadcasting the performance F33. . . .
3
A recording made in accordance with this paragraph shall be treated as an illicit recording—
a
for the purposes of any use in breach of the condition mentioned in sub-paragraph (2)(a), and
b
for all purposes after that condition or the condition mentioned in sub-paragraph (2)(b) is broken.
4
Expressions used in this paragraph have the same meaning as in section 68.
Recordings for purposes of supervision and control of broadcasts and F48other services
Words in heading preceding Sch. 2 para. 17 substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498) , reg. 2(1) , Sch. 1 para. 2(1) (with regs. 31-40 )
C217
1
The rights conferred by F37this Chapter are not infringed by the making or use by the British Broadcasting Corporation, for the purpose of maintaining supervision and control over programmes broadcast by them F38or included in any on-demand programme service provided by them, of recordings of those programmes.
F392
The rights conferred by F37this Chapter are not infringed by anything done in pursuance of—
F40a
section 167(1) of the Broadcasting Act 1990, section 115(4) or (6) or 117 of the Broadcasting Act 1996 or paragraph 20 of Schedule 12 to the Communications Act 2003;
b
c
a direction given under section 109(2) of the Broadcasting Act 1990 (power of F43OFCOM to require production of recordings etc ).
F463
The rights conferred by F37 this Chapter are not infringed by the use by OFCOM in connection with the performance of any of their functions under the Broadcasting Act 1990, the Broadcasting Act 1996 or the Communications Act 2003 of—
a
any recording, script or transcript which is provided to them under or by virtue of any provision of those Acts; or
b
any existing material which is transferred to them by a scheme made under section 30 of the Communications Act 2003.
4
In subsection (3), “existing material” means—
a
any recording, script or transcript which was provided to the Independent Television Commission or the Radio Authority under or by virtue of any provision of the Broadcasting Act 1990 or the Broadcasting Act 1996; and
b
any recording or transcript which was provided to the Broadcasting Standards Commission under section 115(4) or (6) or 116(5) of the Broadcasting Act 1996.
F475
Copyright is not infringed by the use by an appropriate regulatory authority designated under section 368B of the Communications Act 2003, in connection with the performance of any of their functions under that Act, of any recording, script or transcript which is provided to them under or by virtue of any provision of that Act.
6
In this section “ on-demand programme service ” has the same meaning as in the Communications Act 2003 (see section 368A of that Act).
F62Recording for the purposes of time-shifting
Sch. 2 para. 17A and preceding heading inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 19(3) (with regs. 31-40)
17A
1
The making in domestic premises for private and domestic use of a recording of a broadcast solely for the purpose of enabling it to be viewed or listened to at a more convenient time does not infringe any right conferred by F49this Chapter in relation to a performance or recording included in the broadcast.
2
Where a recording which would otherwise be an illicit recording is made in accordance with this paragraph but is subsequently dealt with—
a
it shall be treated as an illicit recording for the purposes of that dealing; and
b
if that dealing infringes any right conferred by F49this Chapter , it shall be treated as an illicit recording for all subsequent purposes.
3
In sub-paragraph (2), “ dealt with ” means sold or let for hire, offered or exposed for sale or hire or communicated to the public.
4
Expressions used in this paragraph have the same meaning as in section 70.
F63Photographs of broadcasts
Sch. 2 para. 17B and preceding heading inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 20(2) (with regs. 31-40)
17B
1
The making in domestic premises for private and domestic use of a photograph of the whole or any part of an image forming part of a broadcast, or a copy of such a photograph, does not infringe any right conferred by F50this Chapter in relation to a performance or recording included in the broadcast.
2
Where a recording which would otherwise be an illicit recording is made in accordance with this paragraph but is subsequently dealt with—
a
it shall be treated as an illicit recording for the purposes of that dealing; and
b
if that dealing infringes any right conferred by F50this Chapter , it shall be treated as an illicit recording for all subsequent purposes.
3
In sub-paragraph (2), “ dealt with ” means sold or let for hire, offered or exposed for sale or hire or communicated to the public.
4
Expressions used in this paragraph have the same meaning as in section 71.
Free public showing or playing of broadcast F57. . .
Words in heading preceding Sch.2 para. 18 repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498) , reg. 2(2) , Sch. 2 (with regs. 31-40 )
18
1
The showing or playing in public of a broadcast F51. . . to an audience who have not paid for admission to the place where the broadcast F51. . . is to be seen or heard does not infringe any right conferred by F52this Chapter in relation to a performance or recording included in—
a
the broadcast F51. . . , or
F541A
The showing or playing in public of a broadcast to an audience who have not paid for admission to the place where the broadcast is to be seen or heard does not infringe any right conferred by F52this Chapter in relation to a performance or recording included in any excepted sound recording which is played in public by reception of the broadcast, if the playing or showing of that broadcast in public—
a
F55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
is necessary for the purposes of—
i
repairing equipment for the reception of broadcasts;
ii
demonstrating that a repair to such equipment has been carried out; or
iii
demonstrating such equipment which is being sold or let for hire or offered or exposed for sale or hire.
2
The audience shall be treated as having paid for admission to a place—
a
if they have paid for admission to a place of which that place forms part; or
b
if goods or services are supplied at that place (or a place of which it forms part)—
i
at prices which are substantially attributable to the facilities afforded for seeing or hearing the broadcast F56. . . , or
ii
at prices exceeding those usually charged there and which are partly attributable to those facilities.
3
The following shall not be regarded as having paid for admission to a place—
a
persons admitted as residents or inmates of the place;
b
persons admitted as members of a club or society where the payment is only for membership of the club or society and the provision of facilities for seeing or hearing broadcasts F56. . . is only incidental to the main purposes of the club or society.
4
Where the making of the broadcast F56. . . was an infringement of the rights conferred by F52this Chapter in relation to a performance or recording, the fact that it was heard or seen in public by the reception of the broadcast F56. . . shall be taken into account in assessing the damages for that infringement.
5
Expressions used in this paragraph have the same meaning as in section 72.
F58Reception and re-transmission of F59wireless broadcast by cable
Crossheading substituted (1.10.1996) by 1996 c. 55 , s. 138 , Sch. 9 para. 5 (with s. 43(6) ); S.I. 1996/2120 , art. 4(1) , Sch. 1
Words in heading preceding Sch. 2 para. 19 substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I.2003/2498) , reg. 22(3)(a) (with regs. 31-40 )
F8319
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8219A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Provision of sub-titled copies of broadcast F60. . .
Words in heading preceding Sch. 2 para. 20 repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498) , reg. 2(2) , Sch. 2 (with regs. 31-40 )
F7220
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F69Recording of broadcast for archival purposes
Sch. 2 para. 21 substituted (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 8(2)
21
1
A recording of a broadcast or a copy of such a recording may be made for the purpose of being placed in an archive maintained by a body which is not established or conducted for profit without infringing any right conferred by this Chapter in relation to a performance or recording included in the broadcast.
2
To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.
3
Expressions used in this paragraph have the same meaning as in section 75.
Sch. 2 continued (31.10.2003) by virtue of The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498) , reg. 33 (with regs. 31-40 )