Regulation 8 Making temporary copies

After the heading “General” appearing before section 29 there shall be inserted—

“Making of temporary copies

28A

Copyright in a literary work, other than a computer program or a database, or in a dramatic, musical or artistic work, the typographical arrangement of a published edition, a sound recording or a film, is not infringed by the making of a temporary copy which is transient or incidental, which is an integral and essential part of a technological process and the sole purpose of which is to enable—

(a)

a transmission of the work in a network between third parties by an intermediary; or

(b)

a lawful use of the work;

and which has no independent economic significance.”.

After paragraph 1 of Schedule 2 there shall be inserted—

“Making of temporary copies

1A

The rights conferred by Part 2 are not infringed by the making of a temporary copy of a recording of a performance which is transient or incidental, which is an integral and essential part of a technological process and the sole purpose of which is to enable—

(a)

a transmission of the recording in a network between third parties by an intermediary; or

(b)

a lawful use of the recording;

and which has no independent economic significance.”.

After section 182A(1) there shall be inserted—

“(1A)

In subsection (1), making a copy of a recording includes making a copy which is transient or is incidental to some other use of the original recording.”.