Subject Matter of Protection

Article 197 Anonymous Works (Works of folklore)

(1) Where, in the case of an anonymous work which has not been lawfully made available to the public, there is evidence that the author (or, in the case of a work of joint authorship, any of the authors) complied with the requirements for copyright protection specified in section 182 by having a connection with a country, territory, state or area other than the State, it shall be presumed until thecontrary is proved that copyright subsists in the work.

Scope of Protection

Article 92 Fixations of performances of works of folklore

(1) A fixation of a performance of an anonymous work which has not been lawfully made available to the public may be works of folklore made for the purpose of including it in an archive maintained by a designated body without infringing the copyright in the work where at the time the fixation is made—
(a) the making of the fixation does not infringe any other copyright, and
(b) the making of the fixation is not prohibited by any performer.
(2) A copy of a fixation made under subsection (1) and included in an archive maintained by a designated body may, subject to compliance with the conditions referred to in subsection (3), be made and supplied by the archivist without infringing the copyright in the fixation or the works included in it.
(3) The conditions referred to in subsection (2) are—
(a) that a copy may not be supplied other than to a person who satisfies the archivist that he or she requires the copy for the purposes of research or private study and he or she will not use it for any other purpose, and
(b) that a person shall not be furnished with more than one copy of the same fixation.

Exceptions and Limitations

Article 245 Recordings of works of folklore

(1) A recording of a performance of an anonymous work which has not been lawfully made available to the public may be made for the purpose of including it in an archive maintained by a designated body without infringing any right conferred by this Part where at the time the recording is made—
(a) the making of the recording does not infringe any copyright, and
(b) the making of the recording is not prohibited by any performer.
(2) A copy of a recording made under subsection (1) and included in an archive maintained by a designated body may, subject to compliance with the conditions referred to in subsection (3), be made and supplied by an archivist without infringing any right conferred by this Part.
(3) The conditions referred to in subsection (2) relating to the actions of archivists are—
(a) that a copy may not be supplied other than to a person who satisfies the archivist that he or she requires that copy for the purposes of research or private study and he or she shall not use it for any other purpose, and
(b) that a person shall not be furnished with more than one copy of the same recording.