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The Copyright (Recordings of Folksongs for Archives) (Designated Bodies) Order 1989

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Statutory Instruments

1989 No. 1012

COPYRIGHT

The Copyright (Recordings of Folksongs for Archives) (Designated Bodies) Order 1989

Made

13th June 1989

Laid before Parliament

26th June 1989

Coming into force

1st August 1989

The Secretary of State, in exercise of the powers conferred upon him by section 61 of the Copyright, Designs and Patents Act 1988(1) (“the Act”), and upon being satisfied that the bodies designated by this Order are not established or conducted for profit, hereby makes the following Order:–

1.  This Order may be cited as the Copyright (Recordings of Folksongs for Archives) (Designated Bodies) Order 1989 and shall come into force on 1st August 1989.

2.  Each of the bodies specified in the Schedule to this Order is designated as a body for the purposes of section 61 of the Act.

3.—(1) For the purposes of section 61(3) of the Act the conditions specified in paragraph (2) of this article are prescribed as the conditions which must be met for the making and supply, by the archivist of an archive maintained by a body designated by this Order, of a copy of a sound recording made in reliance on section 61(1) of the Act and included in such archive.

(2) The prescribed conditions are–

(a)that the person requiring a copy satisfies the archivist that he requires it for purposes of research or private study and will not use it for any other purpose, and

(b)that no person is furnished with more than one copy of the same recording.

Eric Forth

Parliamentary Under Secretary of State for Consumer Affairs,

Department of Trade and Industry

13th June 1989

Article 2

SCHEDULE

1.  The Archive of Traditional Welsh Music, University College of North Wales.

2.  The Centre for English Cultural Tradition and Language.

3.  The Charles Parker Archive Trust (1982).

4.  The European Centre for Traditional and Regional Cultures.

5.  The Folklore Society.

6.  The Institute of Folklore Studies in Britain and Canada.

7.  The National Museum of Wales, Welsh Folk Museum.

8.  The National Sound Archive, the British Library.

9.  The North West Sound Archive.

10.  The Sound Archives, British Broadcasting Corporation.

11.  Ulster Folk and Transport Museum.

12.  The Vaughan Williams Memorial Library, English Folk Dance and Song Society.

Explanatory Note

(This note is not part of the Order)

This Order designates the bodies for which, subject to the conditions specified in section 61(2) of the Copyright, Designs and Patents Act 1988, sound recordings of performances of songs may be made for the purpose of including the same in archives maintained by them. Article 3 of the Order prescribes the conditions on which copies of such sound recordings may be made and supplied by the archivist to persons requiring them for purposes of research or private study.

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