Page:Copyright Act 1987.pdf/94

94 constitute the publication of the sound recording or cinematograph film or of any work or other subject-matter included in the sound recording or cinematograph film.

Filming or recording broadcasts or programmes for private and domestic use

114.—(1) The copyright in a television broadcast or a cable programme, or in a literary, artistic, dramatic or musical work or a cinematograph film included in the broadcast or programme, insofar as it consists of visual images, is not infringed by the making of a cinematograph film of the broadcast or the cable programme for the private and domestic use of the person by whom the cinematograph film is made.

(2) The copyright in a sound broadcast, a television broadcast or a cable programme, or in a literary, dramatic or musical work, a sound recording or a cinematograph film included in the broadcast or programme, insofar as it consists of sounds, is not infringed by the making of a sound recording of the broadcast or the cable programme for the private and domestic use of the person by whom the sound recording is made.

(3) For the purposes of this section, a cinematograph film or a sound recording shall be deemed to be made otherwise than for the private and domestic use of the person by whom it is made if it is made for the purpose of—
 * (a) the sale or letting for hire of the film or the sound recording, as the case may be;
 * (b) broadcasting the film or recording or including it in a cable programme; or
 * (c) causing the film or recording to be seen or heard in public.

Use of broadcasts for educational purposes

115. The making of a record of a sound broadcast or a cinematograph film of a television broadcast or of a cable programme does not constitute an infringement of copyright in a work or sound recording or cinematograph film included in the