SCHEDULE 2 Rights in performances: permitted acts
F1Copies 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.