SCHEDULES

SCHEDULE 2U.K. Rights in performances: permitted acts

Modifications etc. (not altering text)

Recordings of folksongsU.K.

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 [F1body not established or conducted for profit] without infringing any of the rights conferred by [F2this Chapter] , provided the conditions in sub-paragraph (2) below are met.U.K.

(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(a)the words are unpublished and of unknown authorship at the time the recording is made,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.

[F3(3)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.]

Textual Amendments

F2 Words in Sch. 2 para. 14(1)(3) substituted (1.2.2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18) , reg. 2 , Sch. para. 9 (with reg. 8 )