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Copyright, Designs and Patents Act 1988

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This is the original version (as it was originally enacted).

Recordings of folksongs

14(1)A recording of a performance of a song may be made for the purpose of including it in an archive maintained by a designated body without infringing any of the rights conferred by Part II, provided the conditions in sub-paragraph (2) below are met.

(2)The conditions are that—

(a)the words are unpublished and of unknown authorship at the time the recording is made,

(b)the making of the recording does not infringe any copyright, and

(c)its making is not prohibited by any performer.

(3)Copies of a recording made in reliance on sub-paragraph (1) and included in an archive maintained by a designated body may, if the prescribed conditions are met, be made and supplied by the archivist without infringing any of the rights conferred by Part II.

(4)In this paragraph—

  • “designated body” means a body designated for the purposes of section 61, and

  • “the prescribed conditions” means the conditions prescribed for the purposes of subsection (3) of that section;

and other expressions used in this paragraph have the same meaning as in that section.

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