Section 197

In this Chapter “illicit recording”, in relation to a performance, shall be construed in accordance with this section. For the purposes of a performer’s rights, a recording of the whole or any substantial part of a performance of his is an illicit recording if it is made, otherwise than for private purposes, without his consent. For the purposes of the rights of a person having recording rights, a recording of the whole or any substantial part of a performance subject to the exclusive recording contract is an illicit recording if it is made, otherwise than for private purposes, without his consent or that of the performer. For the purposes of sections 198 and 199 (offences and orders for delivery up in criminal proceedings), a recording is an illicit recording if it is an illicit recording for the purposes mentioned in subsection (2) or subsection (3). In this Chapter “illicit recording” includes a recording falling to be treated as an illicit recording by virtue of any of the following provisions of Schedule 2— but otherwise does not include a recording made in accordance with any of the provisions of that Schedule. paragraph 1D(3) (copies for text and data analysis for non-commercial research), paragraph 3A(5) or (6) or 3B(10) (accessible copies of recordings made for disabled persons) paragraph 1B(5) and (7) (personal copies of recordings for private use), ... paragraph 6(5) (recording by educational establishments of broadcasts), paragraph 6F(5)(b) (copying by librarians: single copies of published recordings), paragraph 6G(5)(b) (copying by librarians or archivists: single copies of unpublished recordings), paragraph 6ZA(7) (copying and use of extracts of recordings by educational establishments), paragraph 12(2) (recordings of performance in electronic form retained on transfer of principal recording), . . . paragraph 14(6)(b) (recordings of folksongs), paragraph 16(3) (recordings made for purposes of broadcast ...), paragraph 17A(2) (recording for the purposes of time-shifting), or paragraph 17B(2) (photographs of broadcasts), It is immaterial for the purposes of this section where the recording was made.

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Source: legislation.gov.uk · retrieved 2026-09-04