SCHEDULES
C1 SCHEDULE 2 Rights in performances: permitted acts
Recordings of folksongs
14
1
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the words are unpublished and of unknown authorship at the time the recording is made,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.
F33
A single copy of a recording made in reliance on sub-paragraph (1) and included in an archive referred to in that sub-paragraph may be made and supplied by the archivist without infringing any right conferred by this Chapter, provided that—
a
the copy is supplied in response to a request from a person who has provided the archivist with a declaration in writing which includes the information set out in sub-paragraph (4), and
b
the archivist is not aware that the declaration is false in a material particular.
4
The information which must be included in the declaration is—
a
the name of the person who requires the copy and the recording which is the subject of the request,
b
a statement that the person has not previously been supplied with a copy of that recording by any archivist, and
c
a statement that the person requires the copy for the purposes of research for a non-commercial purpose or private study, will use it only for those purposes and will not supply the copy to any other person.
5
Where an archive makes a charge for supplying a copy under this paragraph, the sum charged must be calculated by reference to the costs attributable to the production of the copy.
6
Where a person (“P”) makes a declaration under this paragraph that is false in a material particular and is supplied with a copy of a recording which would have been an illicit recording if made by P—
a
P is liable for infringement of the rights conferred by this Chapter as if P had made the copy, and
b
the copy supplied to P is to be treated as an illicit recording for all purposes.
7
In this paragraph references to an archivist include a person acting on behalf of an archivist.
8
Expressions used in this paragraph have the same meaning as in section 61.
Sch. 2 continued (31.10.2003) by virtue of The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498) , reg. 33 (with regs. 31-40 )