Copyright, Designs and Patents Act 1988

X1 197 Meaning of “illicit recording”. U.K.

(1) In [F1 this Chapter]“illicit recording”, in relation to a performance, shall be construed in accordance with this section.

(2) For the purposes of a performer’s rights, a recording of the whole or any substantial part of a performance of his is an illicit recording if it is made, otherwise than for private purposes, without his consent.

(3) For the purposes of the rights of a person having recording rights, a recording of the whole or any substantial part of a performance subject to the exclusive recording contract is an illicit recording if it is made, otherwise than for private purposes, without his consent or that of the performer.

(4) For the purposes of sections 198 and 199 (offences and orders for delivery up in criminal proceedings), a recording is an illicit recording if it is an illicit recording for the purposes mentioned in subsection (2) or subsection (3).

(5) In [F1 this Chapter]“illicit recording” includes a recording falling to be treated as an illicit recording by virtue of any of the following provisions of Schedule 2—

• [F2 paragraph 1D(3) (copies for text and data analysis for non-commercial research),]

• [F3 paragraph 3A(5) or (6) or 3B(10) (accessible copies of recordings made for disabled persons)]

• [F4 paragraph 1B(5) and (7) (personal copies of recordings for private use),]

• F5 ...

• [F6 paragraph 6(5) (recording by educational establishments of broadcasts),]

• [F2 paragraph 6F(5)(b) (copying by librarians: single copies of published recordings),]

• [F2 paragraph 6G(5)(b) (copying by librarians or archivists: single copies of unpublished recordings),]

• [F2 paragraph 6ZA(7) (copying and use of extracts of recordings by educational establishments),]

• paragraph 12(2) (recordings of performance in electronic form retained on transfer of principal recording), F7 . . .

• [F2 paragraph 14(6)(b) (recordings of folksongs),]

• paragraph 16(3) (recordings made for purposes of broadcast F8 . . . ),

• [F9 paragraph 17A(2) (recording for the purposes of time-shifting), or

• paragraph 17B(2) (photographs of broadcasts),]

but otherwise does not include a recording made in accordance with any of the provisions of that Schedule.

(6) It is immaterial for the purposes of this section where the recording was made.

Editorial Information

X1 The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.

Textual Amendments

F1 Words in s. 197(1)(5) substituted (1.2.2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 2, Sch. para. 8 (with reg. 8)

F2 Words in s. 197(5) inserted (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), reg. 1, Sch. para. 7(a)

F3 Words in s. 197(5) inserted (1.6.2014) by The Copyright and Rights in Performances (Disability) Regulations 2014 (S.I. 2014/1384), reg. 1(1), Sch. para. 4

F4 Words in s. 197(5) 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), 4(2) (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)

F5 Words in s. 197(5) omitted (1.6.2014) by virtue of The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), reg. 1, Sch. para. 7(b)

F6 Words in s. 197(5) substituted (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), reg. 1, Sch. para. 7(c)

F7 Words in s. 197(5) 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)

F8 Words in s. 197(5) 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)

F9 Words in s. 197(5) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 20(4) (with regs. 31-40)