PART 2AMENDMENTS OF THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988
Acts permitted in relation to copyright works and rights in performances
Provisions relating to recording for the purposes of time-shifting19
1
What is now section 70 shall become subsection (1) of section 70.
2
In the new section 70(1) after the words “The making” there shall be inserted “
in domestic premises
”
and after that subsection there shall be inserted—
2
Where a copy which would otherwise be an infringing copy is made in accordance with this section but is subsequently dealt with—
a
it shall be treated as an infringing copy for the purposes of that dealing; and
b
if that dealing infringes copyright, it shall be treated as an infringing copy for all subsequent purposes.
3
In subsection (2), “dealt with” means sold or let for hire, offered or exposed for sale or hire or communicated to the public.
3
After paragraph 17 of Schedule 2 there shall be inserted—
Recording for the purposes of time-shifting
17A
1
The making in domestic premises for private and domestic use of a recording of a broadcast solely for the purpose of enabling it to be viewed or listened to at a more convenient time does not infringe any right conferred by Part 2 in relation to a performance or recording included in the broadcast.
2
Where a recording which would otherwise be an illicit recording is made in accordance with this paragraph but is subsequently dealt with—
a
it shall be treated as an illicit recording for the purposes of that dealing; and
b
if that dealing infringes any right conferred by Part 2, it shall be treated as an illicit recording for all subsequent purposes.
3
In sub-paragraph (2), “dealt with” means sold or let for hire, offered or exposed for sale or hire or communicated to the public.
4
Expressions used in this paragraph have the same meaning as in section 70.