8.—(1) For section 75(1), substitute—
(1) A recording of a broadcast or a copy of such a recording may be made for the purpose of being placed in an archive maintained by a body which is not established or conducted for profit without infringing any copyright in the broadcast or in any work included in it.
(2) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.”.
(2) For paragraph 21(2) of Schedule 2, substitute—
21.—(1) A recording of a broadcast or a copy of such a recording may be made for the purpose of being placed in an archive maintained by a body which is not established or conducted for profit without infringing any right conferred by this Chapter in relation to a performance or recording included in the broadcast.
(2) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.
(3) Expressions used in this paragraph have the same meaning as in section 75.”.
Section 75 was amended by S.I. 2003/2498, regulation 2(2) and Schedule 2.
Paragraph 21 of Schedule 2 was amended by S.I. 2003/2498, Schedule 2 and S.I. 2006/18, paragraph 9 of the Schedule.