SCHEDULES
C1 SCHEDULE 2 Rights in performances: permitted acts
F1Personal copies of recordings for private use
Sch. 2 para. 1B and cross-heading inserted (1.10.2014) by The Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014 (S.I. 2014/2361), regs. 1(1), 3(3) (with reg. 5) (but note that the amending S.I. was quashed with prospective effect by the High Court in the case of R (British Academy of Songwriters, Composers and Authors and others) v Secretary of State for Business, Innovation and Skills [2015] EWHC 2041 (Admin), 17 July 2015)
1B
1
The making of a copy of a recording of a performance by an individual does not infringe the rights conferred by this Chapter provided that the copy—
a
is a copy of—
i
the individual’s own copy of the recording, or
ii
a personal copy of the recording made by the individual,
b
is made for the individual’s private use, and
c
is made for ends which are neither directly nor indirectly commercial.
2
In this paragraph “the individual’s own copy” is a copy of a recording which—
a
has been lawfully acquired by the individual on a permanent basis,
b
is not an illicit recording, and
c
has not been made under any provision of this Schedule which permits the making of a copy without infringing the rights conferred by this Chapter.
3
In this paragraph a “personal copy” means a copy made under this paragraph.
4
The rights conferred by this Chapter in a recording are infringed if an individual transfers a personal copy of the recording to another person (otherwise than on a private and temporary basis), except where the transfer is authorised by the rights owner.
5
If the rights conferred by this Chapter are infringed as set out in sub-paragraph (4), a personal copy which has been transferred is for all purposes subsequently treated as an illicit recording.
6
The rights conferred by this Chapter in a recording are also infringed if an individual, having made a personal copy of the recording, transfers the individual’s own copy of the recording to another person (otherwise than on a private and temporary basis) and, after that transfer and without the consent of the rights owner, retains any personal copy.
7
If the rights conferred by this Chapter are infringed as set out in sub-paragraph (6), any retained personal copy is for all purposes subsequently treated as an illicit recording.
8
To the extent that a term of a contract purports to prevent or restrict the making of a copy which, by virtue of this paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.
9
Expressions used but not defined in this paragraph have the same meaning as in section 28B.
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 )