Paragraph 16

United Kingdom

(1)

A person who proposes to broadcast a recording of a performance F1. . . in circumstances not infringing the rights conferred by F2this Chapter shall be treated as having consent for the purposes of F3this Chapter for the making of a further recording for the purposes of the broadcast . . . .

(2)

That consent is subject to the condition that the further recording—

(a)

shall not be used for any other purpose, and

(b)

shall be destroyed within 28 days of being first used for broadcasting the performance . . . .

(3)

A recording made in accordance with this paragraph shall be treated as an illicit recording—

(a)

for the purposes of any use in breach of the condition mentioned in sub-paragraph (2)(a), and

(b)

for all purposes after that condition or the condition mentioned in sub-paragraph (2)(b) is broken.

(4)

Expressions used in this paragraph have the same meaning as in section 68.

Annotations

Textual amendments

F1: Words in Sch. 2 para. 16(1)(2)(b) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498) , reg. 2(2) , Sch. 2 (with regs. 31-40 )
F2: Words in Sch. 2 para. 16(1) substituted (1.2.2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18) , reg. 2 , Sch. para. 9 (with reg. 8 )
F3: Words in Sch. 2 para. 16(1) substituted (1.2.2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18) , reg. 2 , Sch. para. 10 (with reg. 8 )

Notes on Schedule 2

Modifications

C1: 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 )

Notes on Incidental recording for purposes of broadcast . . .

Textual amendments

F1: Words in heading preceding Sch. 2 para. 16 repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498) , reg. 2(2) , Sch. 2 (with regs. 31-40 )