81A Copying sound recording for personal use

(1)

Copyright in a sound recording and in a literary or musical work contained in it is not infringed by copying the sound recording, if the following conditions are met:

(a)

the sound recording is not a communication work or part of a communication work; and

(b)

the copy is made from a sound recording that is not an infringing copy; and

(c)

the sound recording is not borrowed or hired; and

(d)

the copy is made by the owner of the sound recording; and

(e)

that owner acquired the sound recording legitimately; and

(f)

the copy is used only for that owner’s personal use or the personal use of a member of the household in which the owner lives or both; and

(g)

no more than 1 copy is made for each device for playing sound recordings that is owned by the owner of the sound recording; and

(h)

the owner of the sound recording retains the ownership of both the sound recording and of any copy that is made under this section.

(2)

For the avoidance of doubt, subsection (1) does not apply if the owner of the sound recording is bound by a contract that specifies the circumstances in which the sound recording may be copied.

Section 81A: inserted, on 31 October 2008, by section 44 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).