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SCHEDULES

SCHEDULE 2Rights in performances: permitted acts

Use of recordings of spoken works in certain cases

13(1)Where a recording of the reading or recitation of a literary work is made for the purpose—

(a)of reporting current events, or

(b)of broadcasting or including in a cable programme service the whole or part of the reading or recitation,

it is not an infringement of the rights conferred by Part II to use the recording (or to copy the recording and use the copy) for that purpose, provided the following conditions are met.

(2)The conditions are that—

(a)the recording is a direct recording of the reading or recitation and is not taken from a previous recording or from a broadcast or cable programme;

(b)the making of the recording was not prohibited by or on behalf of the person giving the reading or recitation;

(c)the use made of the recording is not of a kind prohibited by or on behalf of that person before the recording was made; and

(d)the use is by or with the authority of a person who is lawfully in possession of the recording.

(3)Expressions used in this paragraph have the same meaning as in section 58.