109ACopying sound recordings for private and domestic use

109A  Copying sound recordings for private and domestic use  (a) 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  (b) the sole purpose of making the later copy is the owner’s private and domestic use of the later copy with a device that:  (i) is a device that can be used to cause sound recordings to be heard; and  (ii) he or she owns; and  (c) the earlier copy was not made by downloading over the internet a digital recording of a radio broadcast or similar program; and  (d) 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.  (2) 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.  (3) Subsection (2) is taken never to have applied if the earlier copy or the later copy is:  (d) distributed for the purpose of trade or otherwise; or  (e) used for causing the sound recording to be heard in public; or  (f) used for broadcasting the sound recording. Note: 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.  (4) 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.