Overview

Details

Subject Matter of Protection

Article 2

"public performance" means-
(a) in the case of a work other than an audiovisual work - reciting, playing, dancing, acting or otherwise performing the work (which term includes an expression of folklore) either directly or by
means of any device or process;

Scope of Protection

Article 66 - Recordings of folk songs

(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 under section 229 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(a) the words are unpublished and of unknown authorship at the time the recording is made;
(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.

(3) Copies of a sound recording made in reliance on subsection (1) and included in an archive
maintained by a body prescribed by regulations made under this Act may, if the condition contained
in subsection (4) is complied with, be made and supplied by the archivist without infringing
copyright in the recording or the works included in it.

(4) The condition referred to in subsection (3) is that no person is furnished with more than one
copy of the same recording.