SCHEDULE 2 Rights in Performances: permitted acts

SCHEDULE 2 Rights in Performances: permitted acts

Section 189

Introductory

1

(1)     The provisions of this Schedule specify acts which may be done in relation to a performance or recording notwithstanding the rights conferred by [this Chapter]; they relate only to the question of infringement of those rights and do not affect any other right or obligation restricting the doing of any of the specified acts.

(2)     No inference shall be drawn from the description of any act which may by virtue of this Schedule be done without infringing the rights conferred by [this Chapter] as to the scope of those rights.

(3)     The provisions of this Schedule are to be construed independently of each other, so that the fact that an act does not fall within one provision does not mean that it is not covered by another provision.

[Making of temporary copies

1A

The rights conferred by [this Chapter] are not infringed by the making of a temporary copy of a recording of a performance which is transient or incidental, which is an integral and essential part of a technological process and the sole purpose of which is to enable—

(a)     a transmission of the

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