[F1Recording by educational establishments of broadcastsU.K.
Textual Amendments
F1Sch. 2 paras. 6, 6ZA and cross-headings substituted (1.6.2014) for Sch. 2 para. 6 and cross-heading by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 4(5)
6.(1)A recording of a broadcast, or a copy of such a recording, may be made by or on behalf of an educational establishment for the educational purposes of that establishment without infringing any of the rights conferred by this Chapter in relation to any performance or recording included in it, provided that the educational purposes are non-commercial.U.K.
(2)The rights conferred by this Chapter are not infringed where a recording of a broadcast or a copy of such a recording, made under sub-paragraph (1), is communicated by or on behalf of the educational establishment to its pupils or staff for the non-commercial educational purposes of that establishment.
(3)Sub-paragraph (2) only applies to a communication received outside the premises of the establishment if that communication is made by means of a secure electronic network accessible only by the establishment’s pupils and staff.
(4)Acts which would otherwise be permitted by this paragraph are not permitted if, or to the extent that, licences are available authorising the acts in question and the educational establishment responsible for those acts knew or ought to have been aware of that fact.
(5)If a recording made under this paragraph is subsequently dealt with—
(a)it is to be treated as an illicit recording for the purposes of that dealing, and
(b)if that dealing infringes any right conferred by this Chapter, it is to be treated as an illicit recording for all subsequent purposes.
(6)In this paragraph “dealt with” means—
(a)sold or let for hire,
(b)offered or exposed for sale or hire, or
(c)communicated otherwise than as permitted by sub-paragraph (2).
(7)Expressions used in this paragraph (other than “dealt with”) have the same meaning as in section 35 and any provision made under section 174(2) with respect to the application of that section also applies for the purposes of this paragraph.]