PART 2AMENDMENTS OF THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988
Acts permitted in relation to copyright works and rights in performances
Provisions relating to photographs of broadcasts20
1
For section 71 there shall be substituted—
71Photographs of broadcasts
1
The making in domestic premises for private and domestic use of a photograph of the whole or any part of an image forming part of a broadcast, or a copy of such a photograph, does not infringe any copyright in the broadcast or in any film included in it.
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.
2
After paragraph 17A of Schedule 2 (inserted by regulation 19(3)) there shall be inserted—
Photographs of broadcasts
17B
1
The making in domestic premises for private and domestic use of a photograph of the whole or any part of an image forming part of a broadcast, or a copy of such a photograph, 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 71.
3
In section 27(6) for the “or” appearing at the end of the entry for section 68(4) there shall be substituted— “
section 70(2)
(recording for the purposes of time-shifting),
section 71(2)
(photographs of broadcasts), or.
”
4
In section 197(5) at the appropriate place there shall be inserted— “
paragraph 17A(2)
(recording for the purposes of time-shifting),or
paragraph 17B(2)
(photographs of broadcasts),
”
.