Copyright Act 1994

185 Recordings of folk songs

• (1) A 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 any of the rights conferred by this Part, 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  • (a) the words are unpublished and of unknown authorship at the time the recording is made; and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 copyright; and

  • (c) the making of the recording is not prohibited by any performer.

  (3) Copies of a 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 any of the rights conferred by this Part.

  (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 Schedule 2 para 14 (UK)