[F135Recording by educational establishments of broadcastsU.K.
(1)A recording of a broadcast, or a copy of such a recording, may be made by or on behalf of an educational establishment for the educational purposes of that establishment without infringing copyright in the broadcast, or in any work included in it, provided that—
(a)the educational purposes are non-commercial, and
(b)the recording or copy is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).
(2)Copyright is not infringed where a recording of a broadcast or a copy of such a recording, made under subsection (1), is communicated by or on behalf of the educational establishment to its pupils or staff for the non-commercial educational purposes of that establishment.
(3)Subsection (2) only applies to a communication received outside the premises of the establishment if that communication is made by means of a secure electronic network accessible only by the establishment’s pupils and staff.
(4)Acts which would otherwise be permitted by this section are not permitted if, or to the extent that, licences are available authorising the acts in question and the educational establishment responsible for those acts knew or ought to have been aware of that fact.
(5)If a copy made under this section is subsequently dealt with—
(a)it is to be treated as an infringing copy for the purposes of that dealing, and
(b)if that dealing infringes copyright, it is to be treated as an infringing copy for all subsequent purposes.
(6)In this section “dealt with” means—
(a)sold or let for hire,
(b)offered or exposed for sale or hire, or
(c)communicated otherwise than as permitted by subsection (2).]
Textual Amendments
F1S. 35 substituted (1.6.2014) by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 4(2)