In this Part “illicit recording”, in relation to a performance, shall be construed in accordance with this section.

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.

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.

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).

In this Part “illicit recording” includes a recording falling to be treated as an illicit recording by virtue of any of the following provisions of Schedule 2—

• paragraph 4(3) (recordings made for purposes of instruction or examination),

• paragraph 6(2) (recordings made by educational establishments for educational purposes),

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

• paragraph 16(3) (recordings made for purposes of broadcast or cable programme),

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

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