Copyright Act 1968

This section applies if:

the owner of a copy (the earlier copy) of a sound recording makes another copy (the later copy) of the sound recording using the earlier copy; and

the sole purpose of making the later copy is the owner’s private and domestic use of the later copy with a device that:

is a device that can be used to cause sound recordings to be heard; and

he or she owns; and

the earlier copy was not made by downloading over the internet a digital recording of a radio broadcast or similar program; and

the earlier copy is not an infringing copy of the sound recording, a broadcast or a literary, dramatic or musical work included in the sound recording.

The making of the later copy does not infringe copyright in the sound recording, or in a literary, dramatic or musical work or other subject‑matter included in the sound recording.

Subsection (2) is taken never to have applied if the earlier copy or the later copy is:

sold; or

let for hire; or

by way of trade offered or exposed for sale or hire; or

distributed for the purpose of trade or otherwise; or

used for causing the sound recording to be heard in public; or

used for broadcasting the sound recording.

If the earlier or later copy is dealt with as described in subsection (3), then copyright may be infringed not only by the making of the later copy but also by a dealing with the later copy.

To avoid doubt, paragraph (3)(d) does not apply to a loan of the earlier copy or the later copy by the lender to a member of the lender’s family or household for the member’s private and domestic use.