Copyright and Related Rights Act, 2000

Meaning of illicit recording.

210.—(1) In Parts III and IV “illicit recording”, in relation to a performance, shall be construed in accordance with this section.

(2) A recording of the whole or any substantial part of a performance shall be an illicit recording where the recording is made without the consent of the performer.

(3) A copy of a recording shall be an illicit recording where its making constitutes an infringement of a performer's property rights in the recording concerned.

(4) Subject to subsection (5), a copy of a recording shall be an illicit recording where—

(a) it has been or is to be imported into the State, and

(b) its making in the State would have constituted an infringement of a performer's property rights in the recording concerned, or breach of an exclusive licence agreement relating to that recording.

(5) A copy of a recording which previously has been issued to the public in accordance with section 206 in any other Member State of the EEA by, or with the consent of, the owner of the performers' property rights in the recording, shall not be deemed to be an illicit recording for the purposes of subsection (4).

(6) A recording of the whole or any substantial part of a performance which is subject to an exclusive recording contract shall be an illicit recording where it is made, otherwise than for private and domestic use, without the consent of the person having recording rights or the consent of the performer.

(7) For the purposes of sections 258 and 260, a recording shall be deemed to be an illicit recording where it is an illicit recording for the purposes referred to in subsections (2), (3), (4) and (5) of this section.