{
  "url": "https://openlegislation.uk/copyright-designs-and-patents-act-1988/schedule-2/paragraph-3",
  "json_url": "https://openlegislation.uk/copyright-designs-and-patents-act-1988/schedule-2/paragraph-3.json",
  "legislation": "ukpga/1988/48",
  "legislation_title": "Copyright, Designs and Patents Act 1988",
  "legislation_url": "https://openlegislation.uk/copyright-designs-and-patents-act-1988",
  "path": "schedule/2/paragraph/3",
  "kind": "paragraph",
  "number": "3",
  "heading": null,
  "text": "(1) The rights conferred by this Chapter are not infringed by the incidental inclusion of a performance or recording in a sound recording, film or broadcast.\n(2) Nor are those rights infringed by anything done in relation to copies of, or the playing, showing or communication to the public of, anything whose making was, by virtue of sub-paragraph (1), not an infringement of those rights.\n(3) A performance or recording so far as it consists of music, or words spoken or sung with music, shall not be regarded as incidentally included in a sound recording or broadcast if it is deliberately included.\n(4) Expressions used in this paragraph have the same meaning as in section 31.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 2 para. 3(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 )"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 2 para. 3(1)(3) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498) , reg. 2(1) , Sch. 1 para. 3(1)(l)(m) (with regs. 31-40 )"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 2 para. 3(2) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498) , reg. 2(1) , Sch. 1 para. 6(2)(e) (with regs. 31-40 )"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1988/48/schedule/2/paragraph/3",
    "retrieved_at": "2026-10-29T09:47:40.311838+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}