72 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 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the words are unpublished and of unknown authorship at the time the recording is made; and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.

(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 1 copy of the same recording.

Compare: Copyright, Designs and Patents Act 1988 s 61 (UK)