Section 201
Section 201
(1)
In this Order, “illicit recording”, in relation to a performance, shall be construed in accordance with this section.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
141
BLUV as at 24th December 2013
(2)
For the purpose of a performer’s rights, a recording of the whole or any substantial part of a performance of his is an illicit recording if it is made, otherwise than for private purposes, without his consent.
(3)
For the purpose of the rights of a person having recording rights, a recording of the whole or any substantial part of a performance subject to the exclusive recording contract is an illicit recording if it is made, otherwise than for private purposes, without his consent or that of the performer.
(4)
For the purposes of sections 205 and 209, a recording is an illicit recording if it is an illicit recording for any purpose mentioned in subsections (2) or (3).
Second Schedule.
(5)
In this Part, “illicit recording” includes a recording falling to be treated as an illicit recording under paragraphs 4(3), 6(2), 12(2) or 16(3) of the Second Schedule, but otherwise does not include a recording made under any of the provisions of that Schedule.
(6)
It is immaterial for the purpose of this section where the recording was made.
Application of this Part
Application of this Part.