SCHEDULES

C1SCHEDULE 2 Rights in performances: permitted acts

Annotations:
Modifications etc. (not altering text)

Recordings of folksongs

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 F2body not established or conducted for profit without infringing any of the rights conferred by F1this Chapter , provided the conditions in sub-paragraph (2) below are met.

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the words are unpublished and of unknown authorship at the time the recording is made,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