SCHEDULES

C1 SCHEDULE 2 Rights in performances: permitted acts

Annotations:
Modifications etc. (not altering text)
C1

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 )

F1Disabled persons: copies of recordings for personal use

Annotations:
Amendments (Textual)
F1

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 F2access 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 F3substantially 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 F4and or by a person acting on behalf of the disabled person,

b

the copy is made for the disabled person’s personal use, F5...

F6c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F73

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.