[F117B(1)The making in domestic premises for private and domestic use of a photograph of the whole or any part of an image forming part of a broadcast, or a copy of such a photograph, does not infringe any right conferred by [F2this Chapter] in relation to a performance or recording included in the broadcast.E+W+S+N.I.
(2)Where a recording which would otherwise be an illicit recording is made in accordance with this paragraph but is subsequently dealt with—
(a)it shall be treated as an illicit recording for the purposes of that dealing; and
(b)if that dealing infringes any right conferred by [F2this Chapter] , it shall be treated as an illicit recording for all subsequent purposes.
(3) In sub-paragraph (2), “ dealt with ” means sold or let for hire, offered or exposed for sale or hire or communicated to the public.
(4)Expressions used in this paragraph have the same meaning as in section 71.]
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