Draft Regulations laid before Parliament under para graph 2(2) of Schedule 2 to the European 
Communities Act 1972, for approval by resolution of  each House of Parliament. 
D R A F T  S T A T U T O R Y  I N S T R U M E N T S  
2014 No. XXXX 
COPYRIGHT 
RIGHTS IN PERFORMANCES 
The Copyright and Rights in Performances (Research,  
Education, Libraries and Archives) Regulations 2014  
Made  - - - - *** 
Coming into force in accordance with regulation 1 
The Secretary of State is a Minister designated for  the purposes of section 2(2) of the European 
Communities Act 1972( a) in relation to matters relating to copyright and rights in 
performances( b). 
In accordance with paragraph 2(2) of Schedule 2 to that Act, a draft of this instrument was laid 
before Parliament and approved by a resolution of e ach House of Parliament. 
The Secretary of State, in exercise of the powers c onferred by section 2(2) of that Act makes the 
following Regulations: 
Citation and Commencement 
1.  These Regulations may be cited as the Copyright an d Rights in Performances (Research, 
Education, Libraries and Archives) Regulations 2014  and come into force at 00.02 on 1st June 
2014. 
Amendments to the Copyright, Designs and Patents Ac t 1988 etc. 
2. —(1) The Copyright, Designs and Patents Act 1988( c) is amended in accordance with these 
Regulations. 
(2)  The Schedule (which contains consequential amendmen ts, repeals and revocations) has 
effect. 
                                                                                                                                            
(a) 1972 c.68; section 2(2) was amended by the Legisl ative and Regulatory Reform Act 2006 (c.51), sectio n 27(1) and the 
European Union (Amendment) Act 2008 (c.7), section 3(3) and Part 1 of the Schedule. 
(b) S.I. 1992/707 and S.I. 1993/595. 
(c) 1988 c.48.  2 Research, private study and text and data analysis for non-commercial research 
3. —(1) In section 29( a)— 
(a)  in subsection (1), omit “literary, dramatic, musica l or artistic”, 
(b)  in subsection (1C), omit “literary, dramatic, music al or artistic”, 
(c)  omit subsection (2), 
(d)  for subsection (3)(a), substitute— 
“(a) in the case of a librarian, or a person acting  on behalf of a librarian, that person 
does anything which is not permitted under section 42A (copying by librarians: 
single copies of published works), or”, and 
(e)  after subsection (4A) insert— 
“(4B) To the extent that a term of a contract purpo rts to prevent or restrict the doing of 
any act which, by virtue of this section, would not  infringe copyright, that term is 
unenforceable.”. 
(2)  After section 29 insert— 
“29A Copies for text and data analysis for non-comme rcial research 
(1) The making of a copy of a work by a person who has lawful access to the work does 
not infringe copyright in the work provided that— 
(a) the copy is made in order that a person who has  lawful access to the work may 
carry out a computational analysis of anything reco rded in the work for the sole 
purpose of research for a non-commercial purpose, a nd 
(b) the copy is accompanied by a sufficient acknowl edgement (unless this would be 
impossible for reasons of practicality or otherwise ). 
(2) Where a copy of a work has been made under this  section, copyright in the work is 
infringed if— 
(a) the copy is transferred to any other person, ex cept where the transfer is authorised 
by the copyright owner, or 
(b) the copy is used for any purpose other than tha t mentioned in subsection (1)(a), 
except where the use is authorised by the copyright  owner. 
(3) If a copy made under this section is subsequent ly dealt with— 
(a) it is to be treated as an infringing copy for t he purposes of that dealing, and 
(b) if that dealing infringes copyright, it is to b e treated as an infringing copy for all 
subsequent purposes. 
(4) In subsection (3) “dealt with” means sold or le t for hire, or offered or exposed for sale 
or hire. 
(5) To the extent that a term of a contract purport s to prevent or restrict the making of a 
copy which, by virtue of this section, would not in fringe copyright, that term is 
unenforceable.”. 
(3)  In Schedule 2( b), immediately before paragraph 2, insert— 
“Research and private study 
1C. —(1) Fair dealing with a performance or a recording  of a performance for the 
purposes of research for a non-commercial purpose d oes not infringe the rights conferred 
by this Chapter. 
(2) Fair dealing with a performance or recording of  a performance for the purposes of 
private study does not infringe the rights conferre d by this Chapter. 
                                                                                                                                            
(a) Section 29 was amended by S.I. 1992/3233, regulat ion 7, S.I. 1997/3032, regulation 8 and S.I. 2003/2 498, regulation 9. 
(b) Paragraph 2 of Schedule 2 was substituted by S.I.  2003/2498, regulation 10(2).  3 (3) Copying of a recording by a person other than t he researcher or student is not fair 
dealing if— 
(a) in the case of a librarian, or a person acting on behalf of a librarian, that person 
does anything which is not permitted under paragrap h 6F (copying by librarians: 
single copies of published recordings), or 
(b) in any other case, the person doing the copying  knows or has reason to believe that 
it will result in copies of substantially the same material being provided to more 
than one person at substantially the same time and for substantially the same 
purpose. 
(4) To the extent that a term of a contract purport s to prevent or restrict the doing of any 
act which, by virtue of this paragraph, would not i nfringe any right conferred by this 
Chapter, that term is unenforceable. 
(5) Expressions used in this paragraph have the sam e meaning as in section 29. 
Copies for text and data analysis for non-commercia l research 
1D. —(1) The making of a copy of a recording of a perfo rmance by a person who has 
lawful access to the recording does not infringe an y rights conferred by this Chapter 
provided that the copy is made in order that a pers on who has lawful access to the recording 
may carry out a computational analysis of anything recorded in the recording for the sole 
purpose of research for a non-commercial purpose. 
(2) Where a copy of a recording has been made under  this paragraph, the rights conferred 
by this Chapter are infringed if— 
(a) the copy is transferred to any other person, ex cept where the transfer is authorised 
by the rights owner, or 
(b) the copy is used for any purpose other than tha t mentioned in sub-paragraph (1), 
except where the use is authorised by the rights ow ner. 
(3) If a copy of a recording made under this paragr aph is subsequently dealt with— 
(a) it is to be treated as an illicit recording for  the purposes of that dealing, and 
(b) if that dealing infringes any right conferred b y this Chapter, it is to be treated as an 
illicit recording for all subsequent purposes. 
(4) To the extent that a term of a contract purport s to prevent or restrict the making of a 
copy which, by virtue of this paragraph, would not infringe any right conferred by this 
Chapter, that term is unenforceable. 
(5) Expressions used in this paragraph have the sam e meaning as in section 29A.”. 
Education 
4. —(1) For section 32( a), substitute— 
“32 Illustration for instruction 
(1) Fair dealing with a work for the sole purpose o f illustration for instruction does not 
infringe copyright in the work provided that the de aling is— 
(a) for a non-commercial purpose, 
(b) by a person giving or receiving instruction (or  preparing for giving or receiving 
instruction), and 
(c) accompanied by a sufficient acknowledgement (un less this would be impossible 
for reasons of practicality or otherwise). 
                                                                                                                                            
(a) Section 32 was amended by S.I. 2003/2498, regulat ion 11.  4 (2) For the purposes of subsection (1), “giving or receiving instruction” includes setting 
examination questions, communicating the questions to pupils and answering the questions. 
(3) To the extent that a term of a contract purport s to prevent or restrict the doing of any 
act which, by virtue of this section, would not inf ringe copyright, that term is 
unenforceable.”. 
(2)  For section 35( a), substitute— 
“35 Recording by educational establishments of broa dcasts 
(1) A recording of a broadcast, or a copy of such a  recording, may be made by or on 
behalf of an educational establishment for the educ ational purposes of that establishment 
without infringing copyright in the broadcast, or i n any work included in it, provided that— 
(a) the educational purposes are non-commercial, an d 
(b) the recording or copy is accompanied by a suffi cient acknowledgement (unless this 
would be impossible for reasons of practicality or otherwise). 
(2) Copyright is not infringed where a recording of  a broadcast or a copy of such a 
recording, made under subsection (1), is communicat ed by or on behalf of the educational 
establishment to its pupils or staff for the non-co mmercial educational purposes of that 
establishment. 
(3) Subsection (2) only applies to a communication received outside the premises of the 
establishment if that communication is made by mean s of a secure electronic network 
accessible only by the establishment’s pupils and s taff. 
(4) Acts which would otherwise be permitted by this  section are not permitted if, or to the 
extent that, licences are available authorising the  acts in question and the educational 
establishment responsible for those acts knew or ou ght to have been aware of that fact. 
(5) If a copy made under this section is subsequent ly dealt with— 
(a) it is to be treated as an infringing copy for t he purposes of that dealing, and 
(b) if that dealing infringes copyright, it is to b e treated as an infringing copy for all 
subsequent purposes. 
(6) In this section “dealt with” means— 
(a) sold or let for hire, 
(b) offered or exposed for sale or hire, or 
(c) communicated otherwise than as permitted by sub section (2).”. 
(3)  For section 36( b), substitute— 
“36 Copying and use of extracts of works by educati onal establishments 
(1) The copying of extracts of a relevant work by o r on behalf of an educational 
establishment does not infringe copyright in the wo rk, provided that— 
(a) the copy is made for the purposes of instructio n for a non-commercial purpose, and 
(b) the copy is accompanied by a sufficient acknowl edgement (unless this would be 
impossible for reasons of practicality or otherwise ). 
(2) Copyright is not infringed where a copy of an e xtract made under subsection (1) is 
communicated by or on behalf of the educational est ablishment to its pupils or staff for the 
purposes of instruction for a non-commercial purpos e. 
(3) Subsection (2) only applies to a communication received outside the premises of the 
establishment if that communication is made by mean s of a secure electronic network 
accessible only by the establishment’s pupils and s taff. 
                                                                                                                                            
(a) Section 35 was amended by S.I. 2003/2498, regulat ion 12 and regulation 2(2) and Schedule 2. 
(b) Section 36 was amended by S.I. 2003/2498, regulat ion 13 and regulation 2(2) and Schedule 2.  5 (4) In this section “relevant work” means a copyrig ht work other than— 
(a) a broadcast, or 
(b) an artistic work which is not incorporated into  another work. 
(5) Not more than 5% of a work may be copied under this section by or on behalf of an 
educational establishment in any period of 12 month s, and for these purposes a work which 
incorporates another work is to be treated as a sin gle work. 
(6) Acts which would otherwise be permitted by this  section are not permitted if, or to the 
extent that, licences are available authorising the  acts in question and the educational 
establishment responsible for those acts knew or ou ght to have been aware of that fact. 
(7) The terms of a licence granted to an educationa l establishment authorising acts 
permitted by this section are of no effect so far a s they purport to restrict the proportion of a 
work which may be copied (whether on payment or fre e of charge) to less than that which 
would be permitted by this section. 
(8) If a copy made under this section is subsequent ly dealt with— 
(a) it is to be treated as an infringing copy for t he purposes of that dealing, and 
(b) if that dealing infringes copyright, it is to b e treated as an infringing copy for all 
subsequent purposes. 
(9) In this section “dealt with” means— 
(a) sold or let for hire, 
(b) offered or exposed for sale or hire, or 
(c) communicated otherwise than as permitted by sub section (2).”. 
(4)  For paragraph 4 of Schedule 2( a), substitute— 
“Illustration for instruction 
4. —(1) Fair dealing with a performance or a recording  of a performance for the sole 
purpose of illustration for instruction does not in fringe the rights conferred by this Chapter 
provided that the dealing is— 
(a) for a non-commercial purpose, and 
(b) by a person giving or receiving instruction (or  preparing for giving or receiving 
instruction). 
(2) To the extent that a term of a contract purport s to prevent or restrict the doing of any 
act which, by virtue of this paragraph, would not i nfringe any right conferred by this 
Chapter, that term is unenforceable. 
(3) Expressions used in this paragraph have the sam e meaning as in section 32.”. 
(5)  For paragraph 6 of Schedule 2( b), substitute— 
“Recording by educational establishments of broadcas ts 
6. —(1) A recording of a broadcast, or a copy of such a recording, may be made by or on 
behalf of an educational establishment for the educ ational purposes of that establishment 
without infringing any of the rights conferred by t his Chapter in relation to any performance 
or recording included in it, provided that the educ ational purposes are non-commercial. 
(2) The rights conferred by this Chapter are not in fringed where a recording of a 
broadcast or a copy of such a recording, made under  sub-paragraph (1), is communicated by 
or on behalf of the educational establishment to it s pupils or staff for the non-commercial 
educational purposes of that establishment. 
                                                                                                                                            
(a) Paragraph 4 of Schedule 2 was amended by S.I. 200 3/2498, regulation 11(2). 
(b) Paragraph 6 of Schedule 2 was amended by S.I. 200 3/2498, regulation 12(2).  6 (3) Sub-paragraph (2) only applies to a communicati on received outside the premises of 
the establishment if that communication is made by means of a secure electronic network 
accessible only by the establishment’s pupils and s taff. 
(4) Acts which would otherwise be permitted by this  paragraph are not permitted if, or to 
the extent that, licences are available authorising  the acts in question and the educational 
establishment responsible for those acts knew or ou ght to have been aware of that fact. 
(5) If a recording made under this paragraph is sub sequently dealt with— 
(a) it is to be treated as an illicit recording for  the purposes of that dealing, and 
(b) if that dealing infringes any right conferred b y this Chapter, it is to be treated as an 
illicit recording for all subsequent purposes. 
(6) In this paragraph “dealt with” means— 
(a) sold or let for hire, 
(b) offered or exposed for sale or hire, or 
(c) communicated otherwise than as permitted by sub -paragraph (2). 
(7) Expressions used in this paragraph (other than “dealt with”) have the same meaning as 
in section 35 and any provision made under section 174(2) with respect to the application of 
that section also applies for the purposes of this paragraph. 
Copying and use of extracts of recordings by educat ional establishments 
6ZA. —(1) The copying of extracts of a recording of a pe rformance by or on behalf of an 
educational establishment does not infringe any of the rights conferred by this Chapter in 
the recording provided that the copy is made for th e purposes of instruction for a non-
commercial purpose. 
(2) The rights conferred by this Chapter are not in fringed where an extract of a recording 
of a performance, made under sub-paragraph (1), is communicated by or on behalf of the 
educational establishment to its pupils or staff fo r the purposes of instruction for a non-
commercial purpose. 
(3) Sub-paragraph (2) only applies to a communicati on received outside the premises of 
the establishment if that communication is made by means of a secure electronic network 
accessible only by the establishment’s pupils and s taff. 
(4) Not more than 5% of a recording may be copied u nder this paragraph by or on behalf 
of an educational establishment in any period of 12  months. 
(5) Acts which would otherwise be permitted by this  paragraph are not permitted if, or to 
the extent that, licences are available authorising  the acts in question and the educational 
establishment responsible for those acts knew or ou ght to have been aware of that fact. 
(6) The terms of a licence granted to an educationa l establishment authorising acts 
permitted by this paragraph are of no effect so far  as they purport to restrict the proportion 
of a recording which may be copied (whether on paym ent or free of charge) to less than that 
which would be permitted by this paragraph. 
(7) If a recording made under this paragraph is sub sequently dealt with— 
(a) it is to be treated as an illicit recording for  the purposes of that dealing, and 
(b) if that dealing infringes any right conferred b y this Chapter, it is to be treated as an 
illicit recording for all subsequent purposes. 
(8) In this paragraph “dealt with” means— 
(a) sold or let for hire, 
(b) offered or exposed for sale or hire, or 
(c) communicated otherwise than as permitted by sub -paragraph (2). 
(9) Expressions used in this paragraph (other than “dealt with”) have the same meaning as 
in section 36 and any provision made under section 174(2) with respect to the application of 
that section also applies for the purposes of this paragraph.”.  7 Libraries and archives: amendments to Part 1 of the  Act 
5. —(1) After section 40A( a) insert— 
“40B Libraries and educational establishments etc: m aking works available through 
dedicated terminals 
(1) Copyright in a work is not infringed by an inst itution specified in subsection (2) 
communicating the work to the public or making it a vailable to the public by means of a 
dedicated terminal on its premises, if the conditio ns in subsection (3) are met. 
(2) The institutions are— 
(a) a library, 
(b) an archive, 
(c) a museum, and 
(d) an educational establishment. 
(3) The conditions are that the work or a copy of t he work— 
(a) has been lawfully acquired by the institution, 
(b) is communicated or made available to individual  members of the public for the 
purposes of research or private study, and 
(c) is communicated or made available in compliance  with any purchase or licensing 
terms to which the work is subject.”. 
(2)  For sections 41 to 43( b), substitute— 
“41 Copying by librarians: supply of single copies t o other libraries 
(1) A librarian may, if the conditions in subsectio n (2) are met, make a single copy of the 
whole or part of a published work and supply it to another library, without infringing 
copyright in the work. 
(2) The conditions are— 
(a) the copy is supplied in response to a request f rom a library which is not conducted 
for profit, and 
(b) at the time of making the copy the librarian do es not know, or could not reasonably 
find out, the name and address of a person entitled  to authorise the making of a 
copy of the work. 
(3) The condition in subsection (2)(b) does not app ly where the request is for a copy of an 
article in a periodical. 
(4) Where a library makes a charge for supplying a copy under this section, the sum 
charged must be calculated by reference to the cost s attributable to the production of the 
copy. 
(5) To the extent that a term of a contract purport s to prevent or restrict the doing of any 
act which, by virtue of this section, would not inf ringe copyright, that term is 
unenforceable. 
42 Copying by librarians etc: replacement copies of  works 
(1) A librarian, archivist or curator of a library,  archive or museum may, without 
infringing copyright, make a copy of an item in tha t institution’s permanent collection— 
(a) in order to preserve or replace that item in th at collection, or 
                                                                                                                                            
(a) Section 40A was inserted by S.I. 1996/2967, regul ation 11(2) and is prospectively amended by section  43 of the Digital 
Economy Act 2010 (c.24). 
(b) Section 43 was amended by S.I. 2003/2498, regulat ion 14.  8 (b) where an item in the permanent collection of an other library, archive or museum 
has been lost, destroyed or damaged, in order to re place the item in the collection 
of that other library, archive or museum, 
provided that the conditions in subsections (2) and  (3) are met. 
(2) The first condition is that the item is— 
(a) included in the part of the collection kept who lly or mainly for the purposes of 
reference on the institution’s premises, 
(b) included in a part of the collection not access ible to the public, or 
(c) available on loan only to other libraries, arch ives or museums. 
(3) The second condition is that it is not reasonab ly practicable to purchase a copy of the 
item to achieve either of the purposes mentioned in  subsection (1). 
(4) The reference in subsection (1)(b) to a library , archive or museum is to a library, 
archive or museum which is not conducted for profit . 
(5) Where an institution makes a charge for supplyi ng a copy to another library, archive 
or museum under subsection (1)(b), the sum charged must be calculated by reference to the 
costs attributable to the production of the copy. 
(6) In this section “item” means a work or a copy o f a work. 
(7) To the extent that a term of a contract purport s to prevent or restrict the doing of any 
act which, by virtue of this section, would not inf ringe copyright, that term is 
unenforceable. 
42A Copying by librarians: single copies of publish ed works 
(1) A librarian of a library which is not conducted  for profit may, if the conditions in 
subsection (2) are met, make and supply a single co py of— 
(a) one article in any one issue of a periodical, o r 
(b) a reasonable proportion of any other published work, 
without infringing copyright in the work. 
(2) The conditions are— 
(a) the copy is supplied in response to a request f rom a person who has provided the 
librarian with a declaration in writing which inclu des the information set out in 
subsection (3), and 
(b) the librarian is not aware that the declaration  is false in a material particular. 
(3) The information which must be included in the d eclaration is— 
(a) the name of the person who requires the copy an d the material which that person 
requires, 
(b) a statement that the person has not previously been supplied with a copy of that 
material by any library, 
(c) a statement that the person requires the copy f or the purposes of research for a non-
commercial purpose or private study, will use it on ly for those purposes and will 
not supply the copy to any other person, and 
(d) a statement that to the best of the person’s kn owledge, no other person with whom 
the person works or studies has made, or intends to  make, at or about the same 
time as the person’s request, a request for substan tially the same material for 
substantially the same purpose. 
(4) Where a library makes a charge for supplying a copy under this section, the sum 
charged must be calculated by reference to the cost s attributable to the production of the 
copy.  9 (5) Where a person (“P”) makes a declaration under this section that is false in a material 
particular and is supplied with a copy which would have been an infringing copy if made by 
P— 
(a) P is liable for infringement of copyright as if  P had made the copy, and 
(b) the copy supplied to P is to be treated as an i nfringing copy for all purposes. 
(6) To the extent that a term of a contract purport s to prevent or restrict the doing of any 
act which, by virtue of this section, would not inf ringe copyright, that term is 
unenforceable. 
43 Copying by librarians or archivists: single copi es of unpublished works 
(1) A librarian or archivist may make and supply a single copy of the whole or part of a 
work without infringing copyright in the work, prov ided that— 
(a) the copy is supplied in response to a request f rom a person who has provided the 
librarian or archivist with a declaration in writin g which includes the information 
set out in subsection (2), and 
(b) the librarian or archivist is not aware that th e declaration is false in a material 
particular. 
(2) The information which must be included in the d eclaration is— 
(a) the name of the person who requires the copy an d the material which that person 
requires, 
(b) a statement that the person has not previously been supplied with a copy of that 
material by any library or archive, and 
(c) a statement that the person requires the copy f or the purposes of research for a non-
commercial purpose or private study, will use it on ly for those purposes and will 
not supply the copy to any other person. 
(3) But copyright is infringed if— 
(a) the work had been published or communicated to the public before the date it was 
deposited in the library or archive, or 
(b) the copyright owner has prohibited the copying of the work, 
and at the time of making the copy the librarian or  archivist is, or ought to be, aware of that 
fact. 
(4) Where a library or archive makes a charge for s upplying a copy under this section, the 
sum charged must be calculated by reference to the costs attributable to the production of 
the copy. 
(5) Where a person (“P”) makes a declaration under this section that is false in a material 
particular and is supplied with a copy which would have been an infringing copy if made by 
P— 
(a) P is liable for infringement of copyright as if  P had made the copy, and 
(b) the copy supplied to P is to be treated as an i nfringing copy for all purposes. 
43A Sections 40A to 43: interpretation 
(1) The following definitions have effect for the p urposes of sections 40A to 43. 
(2) “Library” means— 
(a) a library which is publicly accessible, or 
(b) a library of an educational establishment. 
(3) “Museum” includes a gallery. 
(4) “Conducted for profit”, in relation to a librar y, archive or museum, means a body of 
that kind which is established or conducted for pro fit or which forms part of, or is 
administered by, a body established or conducted fo r profit.  10  (5) References to a librarian, archivist or curator  include a person acting on behalf of a 
librarian, archivist or curator.”. 
Libraries and archives: amendments to Part 2 of the  Act 
6.  In Schedule 2, after paragraph 6B( a), insert— 
“Libraries and educational establishments etc: makin g recordings of performances 
available through dedicated terminals 
6C.—(1) The rights conferred by this Chapter in a reco rding of a performance are not 
infringed by an institution specified in sub-paragr aph (2) communicating the recording to 
the public or making it available to the public by means of a dedicated terminal on its 
premises, if the conditions in sub-paragraph (3) ar e met. 
(2) The institutions are— 
(a) a library, 
(b) an archive, 
(c) a museum, and 
(d) an educational establishment. 
(3) The conditions are that the recording or a copy  of the recording— 
(a) has been lawfully acquired by the institution, 
(b) is communicated or made available to individual  members of the public for the 
purposes of research or private study, and 
(c) is communicated or made available in compliance  with any purchase or licensing 
terms to which the recording is subject. 
Copying by librarians: supply of single copies to o ther libraries 
6D.—(1) A librarian may, if the conditions in sub-para graph (2) are met, make a single 
copy of the whole or part of a published recording of a performance and supply it to another 
library, without infringing any rights conferred by  this Chapter in the recording. 
(2) The conditions are— 
(a) the copy is supplied in response to a request f rom a library which is not conducted 
for profit, and 
(b) at the time of making the copy the librarian do es not know, or could not reasonably 
find out, the name and address of a person entitled  to authorise the making of a 
copy of the recording. 
(3) Where a library makes a charge for supplying a copy under this paragraph, the sum 
charged must be calculated by reference to the cost s attributable to the production of the 
copy. 
(4) To the extent that a term of a contract purport s to prevent or restrict the doing of any 
act which, by virtue of this paragraph, would not i nfringe any right conferred by this 
Chapter, that term is unenforceable. 
Copying by librarians etc: replacement copies of re cordings 
6E.—(1) A librarian, archivist or curator of a library , archive or museum may, without 
infringing any rights conferred by this Chapter, ma ke a copy of a recording of a 
performance in that institution’s permanent collect ion— 
(a) in order to preserve or replace that recording in that collection, or 
                                                                                                                                            
(a) Paragraph 6B was inserted into Schedule 2 by S.I.  1996/2967, regulation 20(3), was amended by S.I. 2 006/18, paragraph 9 
of the Schedule and is prospectively amended by sec tion 43 of the Digital Economy Act 2010 (c.24).  11  (b) where a recording in the permanent collection o f another library, archive or 
museum has been lost, destroyed or damaged, in orde r to replace the recording in 
the collection of that other library, archive or mu seum, 
provided that the conditions in sub-paragraphs (2) and (3) are met. 
(2) The first condition is that the recording is— 
(a) included in the part of the collection kept who lly or mainly for the purposes of 
reference on the institution’s premises, 
(b) included in a part of the collection not access ible to the public, or 
(c) available on loan only to other libraries, arch ives or museums. 
(3) The second condition is that it is not reasonab ly practicable to purchase a copy of the 
recording to achieve either of the purposes mention ed in sub-paragraph (1). 
(4) The reference in sub-paragraph (1)(b) to a libr ary, archive or museum is to a library, 
archive or museum which is not conducted for profit . 
(5) Where an institution makes a charge for supplyi ng a copy to another library, archive 
or museum under sub-paragraph (1)(b), the sum charg ed must be calculated by reference to 
the costs attributable to the production of the cop y. 
(6) To the extent that a term of a contract purport s to prevent or restrict the doing of any 
act which, by virtue of this paragraph, would not i nfringe any right conferred by this 
Chapter, that term is unenforceable. 
Copying by librarians: single copies of published r ecordings 
6F.—(1) A librarian of a library which is not conducte d for profit may, if the conditions 
in sub-paragraph (2) are met, make and supply a sin gle copy of a reasonable proportion of a 
published recording without infringing any of the r ights in the recording conferred by this 
Chapter. 
(2) The conditions are— 
(a) the copy is supplied in response to a request f rom a person who has provided the 
librarian with a declaration in writing which inclu des the information set out in 
sub-paragraph (3), and 
(b) the librarian is not aware that the declaration  is false in a material particular. 
(3) The information which must be included in the d eclaration is— 
(a) the name of the person who requires the copy an d the material which that person 
requires, 
(b) a statement that the person has not previously been supplied with a copy of that 
material by any library, 
(c) a statement that the person requires the copy f or the purposes of research for a non-
commercial purpose or private study, will use it on ly for those purposes and will 
not supply the copy to any other person, and 
(d) a statement that to the best of the person’s kn owledge, no other person with whom 
the person works or studies has made, or intends to  make, at or about the same 
time as the person’s request, a request for substan tially the same material for 
substantially the same purpose. 
(4) Where a library makes a charge for supplying a copy under this paragraph, the sum 
charged must be calculated by reference to the cost s attributable to the production of the 
copy. 
(5) Where a person (“P”) makes a declaration under this paragraph that is false in a 
material particular and is supplied with a copy of a recording which would have been an 
illicit recording if made by P— 
(a) P is liable for infringement of the rights conf erred by this Chapter as if P had made 
the copy, and  12  (b) the copy supplied to P is to be treated as an i llicit recording for all purposes. 
(6) To the extent that a term of a contract purport s to prevent or restrict the doing of any 
act which, by virtue of this paragraph, would not i nfringe any right conferred by this 
Chapter, that term is unenforceable. 
Copying by librarians or archivists: single copies of unpublished recordings 
6G.—(1) A librarian or archivist may make and supply a  single copy of the whole or part 
of a recording without infringing any of the rights  conferred by this Chapter in the 
recording, provided that— 
(a) the copy is supplied in response to a request f rom a person who has provided the 
librarian or archivist with a declaration in writin g which includes the information 
set out in sub-paragraph (2), and 
(b) the librarian or archivist is not aware that th e declaration is false in a material 
particular. 
(2) The information which must be included in the d eclaration is— 
(a) the name of the person who requires the copy an d the material which that person 
requires, 
(b) a statement that the person has not previously been supplied with a copy of that 
material by any library or archive, and 
(c) a statement that the person requires the copy f or the purposes of research for a non-
commercial purpose or private study, will use it on ly for those purposes and will 
not supply the copy to any other person. 
(3) But the rights conferred by this Chapter are in fringed if— 
(a) the recording had been published or communicate d to the public before the date it 
was deposited in the library or archive, or 
(b) the rights owner has prohibited the copying of the recording, 
and at the time of making the copy the librarian or  archivist is, or ought to be, aware of that 
fact. 
(4) Where a library or archive makes a charge for s upplying a copy under this paragraph, 
the sum charged must be calculated by reference to the costs attributable to the production 
of the copy. 
(5) Where a person (“P”) makes a declaration under this paragraph that is false in a 
material particular and is supplied with a copy of a recording which would have been an 
illicit recording if made by P— 
(a) P is liable for infringement of the rights conf erred by this Chapter as if P had made 
the copy, and 
(b) the copy supplied to P is to be treated as an i llicit recording for all purposes. 
Paragraphs 6B to 6G: interpretation 
6H. Expressions used in paragraphs 6B to 6G have the s ame meaning as in sections 40A 
to 43.”. 
Recordings of folksongs 
7. —(1) In section 61(1), for “designated body” substi tute “body not established or conducted for 
profit”. 
(2)  For section 61(3) to (6)( a), substitute— 
                                                                                                                                            
(a) Section 61(4) was amended by S.I. 2003/2498, regu lation 16.  13  “(3) A single copy of a sound recording made in rel iance on subsection (1) and included 
in an archive referred to in that subsection may be  made and supplied by the archivist 
without infringing copyright in the recording or th e works included in it, provided that— 
(a) the copy is supplied in response to a request f rom a person who has provided the 
archivist with a declaration in writing which inclu des the information set out in 
subsection (4), and 
(b) the archivist is not aware that the declaration  is false in a material particular. 
(4) The information which must be included in the d eclaration is— 
(a) the name of the person who requires the copy an d the sound recording which is the 
subject of the request, 
(b) a statement that the person has not previously been supplied with a copy of that 
sound recording by any archivist, and 
(c) a statement that the person requires the copy f or the purposes of research for a non-
commercial purpose or private study, will use it on ly for those purposes and will 
not supply the copy to any other person. 
(5) Where an archive makes a charge for supplying a  copy under this section, the sum 
charged must be calculated by reference to the cost s attributable to the production of the 
copy. 
(6) Where a person (“P”) makes a declaration under this section that is false in a material 
particular and is supplied with a copy which would have been an infringing copy if made by 
P— 
(a) P is liable for infringement of copyright as if  P had made the copy, and 
(b) the copy supplied to P is to be treated as an i nfringing copy for all purposes. 
(7) In this section references to an archivist incl ude a person acting on behalf of an 
archivist.”. 
(3)  In paragraph 14(1)( a) of Schedule 2, for “designated body” substitute “ body not established 
or conducted for profit”. 
(4)  For paragraph 14(3) and (4), substitute— 
“(3) A single copy of a recording made in reliance on sub-paragraph (1) and included in 
an archive referred to in that sub-paragraph may be  made and supplied by the archivist 
without infringing any right conferred by this Chap ter, provided that— 
(a) the copy is supplied in response to a request f rom a person who has provided the 
archivist with a declaration in writing which inclu des the information set out in 
sub-paragraph (4), and 
(b) the archivist is not aware that the declaration  is false in a material particular. 
(4) The information which must be included in the d eclaration is— 
(a) the name of the person who requires the copy an d the recording which is the 
subject of the request, 
(b) a statement that the person has not previously been supplied with a copy of that 
recording by any archivist, and 
(c) a statement that the person requires the copy f or the purposes of research for a non-
commercial purpose or private study, will use it on ly for those purposes and will 
not supply the copy to any other person. 
(5) Where an archive makes a charge for supplying a  copy under this paragraph, the sum 
charged must be calculated by reference to the cost s attributable to the production of the 
copy. 
                                                                                                                                            
(a) Paragraph 14 was amended by S.I. 2006/18, paragra ph 9 of the Schedule.  14  (6) Where a person (“P”) makes a declaration under this paragraph that is false in a 
material particular and is supplied with a copy of a recording which would have been an 
illicit recording if made by P— 
(a) P is liable for infringement of the rights conf erred by this Chapter as if P had made 
the copy, and 
(b) the copy supplied to P is to be treated as an i llicit recording for all purposes. 
(7) In this paragraph references to an archivist in clude a person acting on behalf of an 
archivist. 
(8) Expressions used in this paragraph have the sam e meaning as in section 61.”. 
Recording of broadcasts for archival purposes 
8. —(1) For section 75( a), substitute— 
“75 Recording of broadcast for archival purposes 
(1) A recording of a broadcast or a copy of such a recording may be made for the purpose 
of being placed in an archive maintained by a body which is not established or conducted 
for profit without infringing any copyright in the broadcast or in any work included in it. 
(2) To the extent that a term of a contract purport s to prevent or restrict the doing of any 
act which, by virtue of this section, would not inf ringe copyright, that term is 
unenforceable.”. 
(2)  For paragraph 21( b) of Schedule 2, substitute— 
“Recording of broadcast for archival purposes 
21.—(1) A recording of a broadcast or a copy of such a  recording may be made for the 
purpose of being placed in an archive maintained by  a body which is not established or 
conducted for profit without infringing any right c onferred by this Chapter in relation to a 
performance or recording included in the broadcast.  
(2) To the extent that a term of a contract purport s to prevent or restrict the doing of any 
act which, by virtue of this paragraph, would not i nfringe any right conferred by this 
Chapter, that term is unenforceable. 
(3) Expressions used in this paragraph have the sam e meaning as in section 75.”. 
 
 
 
 Name  
 Parliamentary Under Secretary of State for Busines s, Innovation and Skills 
Date Department for Business, Innovation and Skills 
 
                                                                                                                                            
(a) Section 75 was amended by S.I. 2003/2498, regulat ion 2(2) and Schedule 2. 
(b) Paragraph 21 of Schedule 2 was amended by S.I. 20 03/2498, Schedule 2 and S.I. 2006/18, paragraph 9 o f the Schedule.  15   SCHEDULE Regulation 2(2) 
CONSEQUENTIAL AMENDMENTS, REPEALS AND 
REVOCATIONS 
Interpretation 
1.  References in this Schedule to the “1988 Act” are references to the Copyright, Designs and 
Patents Act 1988( a). 
Consequential amendments 
2.  In section 27(6)( b) of the 1988 Act (meaning of infringing copy)— 
(a)  omit the entries relating to sections 32(5), 35(3),  36(5) and 37(3)(b), 
(b)  insert into the list in the proper place the follow ing entries— 
“section 29A(3) (copies for text and data analysis for non-commercial research),”, 
“section 35(5) (recording by educational establishm ents of broadcasts),”, 
“section 36(8) (copying and use of extracts of work s by educational establishments),”, 
“section 42A(5)(b) (copying by librarians: single c opies of published works),”, 
“section 43(5)(b) (copying by librarians or archivi sts: single copies of unpublished works),” 
and 
“section 61(6)(b) (recordings of folksongs),”. 
3.  In section 40A(2)( c) of the 1988 Act, omit “prescribed”. 
4.  In section 79( d) of the 1988 Act— 
(a)  omit subsection (4)(c), and 
(b)  after subsection (4) insert— 
“(4A) The right is also not infringed by any act do ne for the purposes of an examination 
which by virtue of any provision of Chapter 3 of Pa rt 1 would not infringe copyright.”. 
5.  In section 143( e) of the 1988 Act— 
(a)  omit subsection (1)(a), and 
(b)  in subsection (3) omit “35,”. 
6.  In section 179( f) of the 1988 Act (index of defined expressions for  the purposes of Part 1 of 
the 1988 Act)— 
(a)  for the entry relating to the definition of “archiv ist” substitute— 
“archivist (in sections 40A to 43)  section 43A(5),”,  
(b)  for the entry relating to the definition of “librar ian” substitute— 
“librarian (in sections 40A to 43)  section 43A(5),”,  
(c)  insert in alphabetical order in the table each of t he following entries— 
“conducted for profit (in sections 40A to 43) secti on 43A(4),”, 
                                                                                                                                            
(a) 1988 c.48. 
(b) Section 27(6) has been amended but none of the am endments are relevant. 
(c) Section 40A was inserted by S.I. 1996/2967, regul ation 11(2) and is prospectively amended by section  43 of the Digital 
Economy Act 2010 (c.24). 
(d) Section 79 has been amended but none of the amend ments are relevant. 
(e) Section 143(1)(a) was amended by S.I. 2003/2498, regulation 2(2) and Schedule 2. 
(f) Section 179 has been amended but none of the amen dments are relevant.  16   
“curator (in sections 40A to 43) section 43A(5),”, 
 
“library (in sections 40A to 43) section 43A(2),”, 
 
“museum (in sections 40A to 43) section 43A(3),”, 
and 
(d)  omit the entries for “prescribed conditions” and “p rescribed library or archive”. 
7.  In section 197(5)( a) of the 1988 Act (meaning of illicit recording)— 
(a)  insert into the list in the proper place— 
“paragraph 1D(3) (copies for text and data analysis  for non-commercial research),”, 
“paragraph 6ZA(7) (copying and use of extracts of r ecordings by educational 
establishments),”, 
“paragraph 6F(5)(b) (copying by librarians: single copies of published recordings),”, 
“paragraph 6G(5)(b) (copying by librarians or archi vists: single copies of unpublished 
recordings),” and 
“paragraph 14(6)(b) (recordings of folksongs),”, 
(b)  omit the entry for paragraph 4(3), and 
(c)  for the entry relating to paragraph 6(2), substitut e— 
“paragraph 6(5) (recording by educational establish ments of broadcasts),”. 
8.  In paragraph 6B of Schedule 2( b) to the 1988 Act— 
(a)  in sub-paragraph (1), omit “prescribed”; and 
(b)  omit sub-paragraph (2). 
9.  In paragraph 16(1) of Schedule 2A( c) to the 1988 Act, omit “6,” and “recording of broa dcasts 
by educational establishments,”. 
10. —(1) Schedule 5A( d) to the 1988 Act (permitted acts to which section 296ZE applies) is 
amended as follows. 
(2)  In Part 1— 
(a)  for the entry relating to section 32(1), (2) and (3 ), substitute— 
“section 32 (illustration for instruction)”, 
(b)  for the entry relating to section 36, substitute— 
“section 36 (copying and use of extracts of works b y educational establishments)”, 
(c)  omit the entries relating to sections 38, 39, 41, 4 2 and 43, 
(d)  insert in the proper place the following entries— 
“section 29A (copies for text and data analysis for  non-commercial research)”, 
“section 41 (copying by librarians: supply of singl e copies to other libraries)”, 
“section 42 (copying by librarians etc: replacement  copies of works)”, 
“section 42A (copying by librarians: single copies of published works)”, and 
                                                                                                                                            
(a) Section 197(5) was amended by S.I. 2003/2498 regu lation 20(4) and Schedule 2 and S.I. 2006/18, parag raph 8 of the 
Schedule. 
(b) Paragraph 6B of Schedule 2 was inserted in to the  1988 Act by S.I. 1996/2967 regulation 20(3), was a mended by S.I. 
2006/18, paragraph 9 of the Schedule and is prospec tively amended by section 43 of the Digital Economy  Act 2010 (c.24). 
(c) Schedule 2A was inserted into the 1988 Act by S.I . 1996/2967, regulation 22(2) and paragraph 16(1) o f Schedule 2A was 
amended by S.I. 2003/2498, Schedule 1, Part 1, para graph 17. 
(d) Schedule 5A was inserted into the 1988 Act by S.I . 2003/2498, regulation 24(2).  17  “section 43 (copying by librarians or archivists: s ingle copies of unpublished works)”, and 
(e)  for the entry relating to section 75, substitute— 
“section 75 (recording of broadcast for archival pu rposes)”. 
(3)  In Part 2— 
(a)  for the entry relating to paragraph 4 of Schedule 2 , substitute— 
“paragraph 4 of Schedule 2 (illustration for instru ction)”, 
(b)  for the entry relating to paragraph 6 of Schedule 2 , substitute: 
“paragraph 6 of Schedule 2 (recording by educationa l establishments of broadcasts)”, 
(c)  insert into the list in the proper place, the follo wing entries— 
“paragraph 1C of Schedule 2 (research and private s tudy)”, 
“paragraph 1D of Schedule 2 (copies for text and da ta analysis for non-commercial 
research)”, 
“paragraph 6ZA of Schedule 2 (copying and use of ex tracts of recordings by educational 
establishments)”, 
“paragraph 6D of Schedule 2 (copying by librarians:  supply of single copies to other 
libraries)”, 
“paragraph 6E of Schedule 2 (copying by librarians etc: replacement copies of  
recordings)”, 
“paragraph 6F of Schedule 2 (copying by librarians:  single copies of published  
recordings)”, and 
“paragraph 6G of Schedule 2 (copying by librarians or archivists: single copies of 
unpublished recordings)”. 
11.  In section 185 of the Broadcasting Act 1990( a), omit subsection (2)(a). 
12.  In section 43(8) of the Digital Economy Act 2010( b), omit paragraph (b). 
13.  In article 2 of the Copyright (Application of Prov isions relating to Educational 
Establishments to Teachers) (No.2) Order 1989( c), for the words “which provide for educational 
use of recordings of broadcasts and copying of pass ages from published works in which copyright 
subsists”, substitute “recording by educational est ablishments of broadcasts and copying and use 
of extracts by educational establishments”. 
Repeals and revocations 
14.  The enactments listed in column 1 of the Table are  repealed or revoked to the extent 
specified in column 2. 
 
Table  
Enactment Extent of repeal or revocation 
The Copyright, Designs and Patents Act 1988 section s 37 to 40 
The Copyright and Related Rights Regulations 
2003( d) regulations 11 to 14 and 16 
 
                                                                                                                                            
(a) 1990 c.42. Section 185(2) was amended by the Comm unications Act 2003 (c.21), Schedule 15, paragraph 64. 
(b) 2010 c.24. 
(c) S.I. 1989/1067. Regulation 2 was amended by S.I. 2003/2498, regulation 2(2) and Schedule 2 and S.I. 2010/1172, Schedule 
3, paragraph 15. 
(d) S.I. 2003/2498.  18  EXPLANATORY NOTE 
(This note is not part of the Regulations) 
These Regulations make provision for the implementa tion of Member State options in relation to 
exceptions relating to copyright and performers’ ri ghts which are permitted by Directive 
2001/29/EC( a) of the European Parliament and of the Council of 22 May 2001 on the 
harmonisation of certain aspects of copyright and r elated rights in the information society. The 
provisions of the Directive relied on are Article 5 (2)(c) in relation to publicly accessible libraries , 
educational establishments, museums and archives, A rticle 5(3)(a) in relation to illustration for 
teaching and scientific research and Article 5(3)(n ) in relation to research and private study 
through dedicated terminals on the premises of educ ational and other establishments. 
The Regulations make amendments to Chapter 3 of Par t 1 of, and Schedule 2 to, the Copyright, 
Designs and Patents Act 1988 (“the 1988 Act”). Thes e provisions relate to exceptions relating to 
copyright and rights in performances. The provision  made by these Regulations relate to research 
and private study (including text and data analysis  for non-commercial research), education, 
libraries and archives, recordings of folksongs and  recording of broadcasts for archival purposes. 
Regulation 3 extends the provisions of section 29 ( which currently allows some types of 
copyright works to be copied for research and priva te study) to cover all types of copyright work 
and introduces a new section 29A (which makes provi sion for the copying of material in order to 
carry out a computational analysis of all the mater ials contained therein, for the purposes of non-
commercial research). Corresponding amendments are made to Schedule 2 by the introduction of 
paragraphs 1C and 1D which introduce corresponding exceptions to rights in performances. 
Regulation 4 substitutes new sections 32, 35 and 36  relating to education. New section 32 
permits fair dealing with a copyright work for the sole purpose of illustration for instruction 
(which includes acts done in relation to the settin g and answering of examination questions). The 
dealing must be for a non-commercial purpose and be  by a person giving or receiving the 
instruction. New section 35 permits educational est ablishments to make copies of recordings of 
broadcasts which have been made for the non-commerc ial educational purposes of the 
establishment and communicate them to staff and pup ils, provided that where the communication 
may be received off the premises it must be made by  means of a secure electronic network which 
is accessible only to staff or pupils. The exceptio n to copyright does not apply if or to the extent 
that licences are available authorising the acts in  question and the educational establishment knew 
or ought to have been aware of the fact. The existi ng requirement that the licensing scheme must 
be certified by the Secretary of State has been rem oved. New section 36 permits educational 
establishments to copy up to 5% of a work (other th an a broadcast, or an artistic work which is not 
included in another work) in any 12 month period, p rovided that the copy is made for the purposes 
of instruction for a non-commercial purpose and is accompanied by a sufficient acknowledgement. 
It also permits such copies to be communicated to s taff and pupils (for example by means of an 
interactive white board), provided that where the c ommunication may be received off the premises 
it must be made by means of a secure electronic net work which is accessible only to staff or 
pupils. The exception to copyright does not apply i f or to the extent that licences are available 
authorising the acts in question and the educationa l establishment knew or ought to have been 
aware of the fact. Any term of a licence which purp orts to restrict the proportion of any work 
which may be copied to less than 5% is of no effect . Corresponding amendments are made to 
Schedule 2 by the substitution of new paragraphs 4 and 6 and the insertion of new paragraph 6ZA 
which introduce similar exceptions to performers’ r ights in relation to fair dealing with their 
performances and the copying of recordings of perfo rmances. 
Regulations 5 and 6 make a number of amendments to the provisions which relate to exceptions 
to copyright regarding libraries and archives. The effect of these amendments is to expand the 
scope of the existing exceptions to cover more type s of copyright works. A new section 40B is 
introduced into the 1988 Act which allows libraries , archives, museums and educational 
                                                                                                                                            
(a) OJ No L167, 22.6.2001, p 10.  19  establishments to make material available by means of dedicated terminals on their premises. New 
section 41 is introduced which allows librarians to  supply copies of copyright works to other 
libraries provided certain conditions are met. New section 42 allows the making of replacement 
copies of works for other libraries. New section 42 A makes provision for the supply by librarians 
of single copies of published works to persons requ esting them providing that certain conditions 
are met. New section 43 makes provision for the pro vision of single copies of unpublished works 
provided that certain conditions are met. New secti on 43A contains definitions. Corresponding 
amendments are made to Schedule 2 by the introducti on of paragraphs 6C to 6H which introduce 
similar exceptions to rights in performances in rel ation to the copying of recordings of 
performances. 
Regulation 7 makes amendments to section 61 and par agraph 14 of Schedule 2, the main effect 
of which is to remove the requirements for an archi ve for folksongs to be designated by order. 
Regulation 8 substitutes a new section 75 and parag raph 21 of Schedule 2, the main effect of 
which is to remove the requirement for broadcasting  archives to be designated. 
The Schedule makes a number of consequential amendm ents, repeals and revocations. 
Full impact assessments of the effect that this ins trument will have on the cost of business and 
the voluntary sector are available from the Intelle ctual Property Office, Concept House, Cardiff 
Road, Newport, NP10 8QQ and are annexed to the Expl anatory Memorandum (together with a 
transposition note) which is available alongside th e instrument on www.legislation.gov.uk. 
  
  
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