Subject Matter of Protection

Article 72 - Recordings of folksongs

(1) A sound recording of a performance of a song may be made for the purpose of including the song in an archive maintained by a body prescribed by regulations made under this Act, without infringing copyright in the words as a literary work or in the accompanying musical work, if the conditions in subsection (2) are complied with.

(2) The conditions referred to in subsection (1) are that—
(a) the words are unpublished and of unknown authorship at the time the recording is made; and
(b) the making of the recording does not infringe any other copyright; and
(c) the making of the recording is not prohibited by any performer.