4(1)The rights conferred by Part II are not infringed by the copying of a recording of a performance in the course of instruction, or of preparation for instruction, in the making of films or film sound-tracks, provided the copying is done by a person giving or receiving instruction [F1and the instruction is for a non-commercial purpose].
(2)The rights conferred by Part II are not infringed—
(a)by the copying of a recording of a performance for the purposes of setting or answering the questions in an examination, or
(b)by anything done for the purposes of an examination by way of communicating the questions to the candidates.
(3)Where a recording which would otherwise be an illicit recording is made in accordance with this paragraph but is subsequently dealt with, it shall be treated as an illicit recording for the purposes of that dealing, and if that dealing infringes any right conferred by Part II for all subsequent purposes.
[F2For this purpose “dealt with” means—
(a)sold or let for hire, offered or exposed for sale or hire; or
(b)communicated to the public, unless that communication, by virtue of sub-paragraph (2)(b), is not an infringement of the rights conferred by Part 2.]
(4)Expressions used in this paragraph have the same meaning as in section 32.
Textual Amendments
F1Words in Sch. 2 para. 4(1) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 11(2)(a) (with regs. 31-40)
F2Words in Sch. 2 para. 4(3) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/24980, reg. 11(2)(b) (with regs. 31-40)