Paragraph 3A F1

United Kingdom

(1)

This paragraph applies if—

(a)

a disabled person has lawful F2access to a copy of the whole or part of a recording of a performance, and

(b)

the person’s disability prevents the person from enjoying the recording to F3substantially the same degree as a person who does not have that disability.

(2)

The making of an accessible copy of the copy of the recording referred to in sub-paragraph (1)(a) does not infringe the rights conferred by this Chapter if—

(a)

the copy is made by the disabled person F4and or by a person acting on behalf of the disabled person,

(b)

the copy is made for the disabled person’s personal use, F5...

F6(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

The rights conferred by this Chapter are infringed by the transfer of an accessible copy of a recording made under this paragraph to any person other than—

(a)

a person by or for whom an accessible copy of the recording may be made under this paragraph, or

(b)

a person who intends to transfer the copy to a person falling within paragraph (a),

except where the transfer is authorised by the rights owner.

(5)

An accessible copy of a recording made under this paragraph is to be treated for all purposes as an illicit recording if it is held by a person at a time when the person does not fall within sub-paragraph (4)(a) or (b).

(6)

If an accessible copy of a recording made under this paragraph is subsequently dealt with—

(a)

it is to be treated as an illicit recording for the purposes of that dealing, and

(b)

if that dealing infringes any right conferred by this Chapter, it is to be treated as an illicit recording for all subsequent purposes.

Annotations

Textual amendments

F1: Sch. 2 paras. 3A-3E and cross-headings inserted (1.6.2014) by The Copyright and Rights in Performances (Disability) Regulations 2014 (S.I. 2014/1384), regs. 1(1), 3
F2: Words in Sch. 2 para. 3A(1)(a) substituted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 12(2)(a)
F3: Word in Sch. 2 para. 3A(1)(b) inserted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 12(2)(b)
F4: Word in Sch. 2 para. 3A(2)(a) inserted (11.10.2018) by The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 12(3)(a)
F5: Word in Sch. 2 para. 3A(2)(b) omitted (11.10.2018) by virtue of The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 12(3)(b)
F6: Sch. 2 para. 3A(2)(c) omitted (11.10.2018) by virtue of The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 12(3)(c)
F7: Sch. 2 para. 3A(3) omitted (11.10.2018) by virtue of The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018 (S.I. 2018/995), regs. 1(2), 12(4)

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 )