SCHEDULES

C1SCHEDULE 2 Rights in performances: permitted acts

Annotations:
Modifications etc. (not altering text)

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 F1this Chapter , 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the words are unpublished and of unknown authorship at the time the recording is made,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 F1this Chapter .

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.