Copyright and Other Intellectual Property Law Provisions Act 2019

Use of notes or recordings of spoken words in certain cases

22. The Principal Act is amended by the substitution of the following section for section 89:

“89. (1) (a) Paragraph (b) applies where a record of spoken words (including political speeches and extracts from public lectures or similar works) is made, in writing or otherwise, for the purposes of—

(i) reporting current events, or

(ii) broadcasting, including in a cable programme service, or otherwise communicating to the public, the record.

(b) Subject to compliance with the conditions specified in subsection (2), it is not an infringement of the rights conferred by this Part—

(i) to use the record or material taken from it for the purposes referred to in paragraph (a), or

(ii) to copy the record or material taken from it and use the copy for the purposes referred to in paragraph (a).

(2) The conditions referred to in subsection (1)(b) are:

(a) that the record is a direct record of the spoken words;

(b) that the making of the record was not prohibited by the speaker and, where copyright already subsisted in the work, did not infringe the copyright in the work;

(c) that the use made of the record or material taken from it was not prohibited by or on behalf of the speaker or copyright owner before the record was made;

(d) that the use made of the record or material taken from it is by or with the authority of a person who is lawfully in possession of the record;

(e) that the use made of the record or material taken from it is accompanied by a sufficient acknowledgement.

(3) Where a record which would otherwise be an infringing copy is made under this section but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes.”.