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The Copyright (Recording of Folksongs for Archives) (Designated Bodies) Order 1989, United Kingdom

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Latest Version in WIPO Lex
Details Details Year of Version 1989 Dates Entry into force: August 1, 1989 Issued: June 13, 1989 Type of Text Implementing Rules/Regulations Subject Matter Copyright and Related Rights (Neighboring Rights), Traditional Knowledge (TK), IP Regulatory Body Notes The Copyright (Recording of Folksongs for Archives) (Designated Bodies) Order 1989 was issued by the Secretary of State of the Department of Trade and Industry (currently the Department for Business, Innovation and Skills), pursuant to section 61 of the Copyright, Designs and Patents Act 1988, relating to recording of folksongs.
Article 2 of the Order designates the bodies, who maintain the archives of sound recordings of performances of songs made by the archivist, as specified in the Schedule to this Order, among others, the Folklore Society, and the Institute of Folklore Studies in Britain and Canada. Article 3 of the Order prescribes conditions on which copies of such sound recordings may be made and supplied by the archivist to persons requiring them for purposes of research or private study with no more than one copy of the same recording.
Part 3 paragraph 24 in Schedule 1 to the Copyright and Related Rights Regulations 2003 amends the Order, which stipulates: 'In article 3(2)(a) of the Copyright (Recording of Folksongs for Archives) (Designated Bodies) Order 1989(7) after the word “research” there shall be inserted “for a non-commercial purpose'.

The text of the Copyright (Recording of Folksongs for Archives) (Designated Bodies) Order 1989 is subject to Crown copyright protection (@Crown Copyright).

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Main text(s) Main text(s) English The Copyright (Recording of Folksongs for Archives) (Designated Bodies) Order 1989        
 The Copyright (Recordings of Folksongs for Archives) (Designated Bodies) Order 1989

Status: This is the original version (as it was originally made). UK Statutory Instruments are not carried in their revised form on this site.

S T A T U T O R Y I N S T R U M E N T S

1989 No. 1012

COPYRIGHT

The Copyright (Recordings of Folksongs for Archives) (Designated Bodies) Order 1989

Made - - - - 13th June 1989

Laid before Parliament 26th June 1989

Coming into force - - 1st August 1989

The Secretary of State, in exercise of the powers conferred upon him by section 61 of the Copyright, Designs and Patents Act 1988(1) (“the Act”), and upon being satisfied that the bodies designated by this Order are not established or conducted for profit, hereby makes the following Order:–

1. This Order may be cited as the Copyright (Recordings of Folksongs for Archives) (Designated Bodies) Order 1989 and shall come into force on 1st August 1989.

2. Each of the bodies specified in the Schedule to this Order is designated as a body for the purposes of section 61 of the Act.

3.—(1) For the purposes of section 61(3) of the Act the conditions specified in paragraph (2) of this article are prescribed as the conditions which must be met for the making and supply, by the archivist of an archive maintained by a body designated by this Order, of a copy of a sound recording made in reliance on section 61(1) of the Act and included in such archive.

(2) The prescribed conditions are– (a) that the person requiring a copy satisfies the archivist that he requires it for purposes of

research or private study and will not use it for any other purpose, and (b) that no person is furnished with more than one copy of the same recording.

13th June 1989

Eric Forth Parliamentary Under Secretary of State for

Consumer Affairs, Department of Trade and Industry

(1) 1988 c. 48.

Document Generated: 2013-10-16 Status: This is the original version (as it was originally made). UK

Statutory Instruments are not carried in their revised form on this site.

2

SCHEDULE Article 2

1. The Archive of Traditional Welsh Music, University College of North Wales.

2. The Centre for English Cultural Tradition and Language.

3. The Charles Parker Archive Trust (1982).

4. The European Centre for Traditional and Regional Cultures.

5. The Folklore Society.

6. The Institute of Folklore Studies in Britain and Canada.

7. The National Museum of Wales, Welsh Folk Museum.

8. The National Sound Archive, the British Library.

9. The North West Sound Archive.

10. The Sound Archives, British Broadcasting Corporation.

11. Ulster Folk and Transport Museum.

12. The Vaughan Williams Memorial Library, English Folk Dance and Song Society.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order designates the bodies for which, subject to the conditions specified in section 61(2) of the Copyright, Designs and Patents Act 1988, sound recordings of performances of songs may be made for the purpose of including the same in archives maintained by them. Article 3 of the Order prescribes the conditions on which copies of such sound recordings may be made

and supplied by the archivist to persons requiring them for purposes of research or private study.


Legislation Implements (1 text(s)) Implements (1 text(s)) Is amended by (1 text(s)) Is amended by (1 text(s))
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WIPO Lex No. GB315