Incidental inclusion of performance or recordingU.K.
3(1)The rights conferred by [F1this Chapter] are not infringed by the incidental inclusion of a performance or recording in a sound recording, film [F2or broadcast].U.K.
(2)Nor are those rights infringed by anything done in relation to copies of, or the playing, showing [F3or communication to the public] of, anything whose making was, by virtue of sub-paragraph (1), not an infringement of those rights.
(3)A performance or recording so far as it consists of music, or words spoken or sung with music, shall not be regarded as incidentally included in a sound recording [F2or broadcast] if it is deliberately included.
(4)Expressions used in this paragraph have the same meaning as in section 31.
Textual Amendments
F1 Words in Sch. 2 para. 3(1) substituted (1.2.2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18) , reg. 2 , Sch. para. 9 (with reg. 8 )
F2 Words in Sch. 2 para. 3(1)(3) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498) , reg. 2(1) , Sch. 1 para. 3(1)(l)(m) (with regs. 31-40 )
F3 Words in Sch. 2 para. 3(2) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498) , reg. 2(1) , Sch. 1 para. 6(2)(e) (with regs. 31-40 )