SCHEDULES
C1 SCHEDULE 2 Rights in performances: permitted acts
F1Disabled 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 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
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F73
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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.
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 )