Page:Copyright Act 1987.pdf/48

48 Reproduction for purpose of broadcasting

43.—(1) Where the broadcasting by a person of a literary, dramatic or musical work, or of an adaptation of such a work, would not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infringement of the copyright in the work, but the making by the person of a sound recording or a cinematograph film of the work or adaptation would, apart from this subsection, constitute such an infringement, the copyright in the work is not infringed by his making such a recording or film solely for the purpose of the broadcasting of the work or adaptation.

(2) Subsection (1) shall not apply in relation to a recording or film if a record embodying the recording or a copy of the film is used for a purpose other than—
 * (a) the broadcasting of the work or adaptation in circumstances that do not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infringement of the copyright in the work; or
 * (b) the making of further records embodying the recording or further copies of the film for the purpose of the broadcasting of the work or adaptation in such circumstances.

Division 5—Copying of Works in Libraries Interpretation

44. In this Division—
 * (a) a reference to an article contained in a periodical publication shall be read as a reference to anything (other than an artistic work) appearing in such a publication; and
 * (b) any reference to research shall not include industrial research or research carried out by bodies corporate (not being bodies corporate owned or controlled by the Government), companies, associations or bodies of persons carrying on any business.