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Use of notes or recordings of spoken words in certain cases.
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89.—(1) Subject to compliance with the conditions specified in subsection (2), where a record of spoken words is made, in writing or otherwise, for the purpose of—
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(a) reporting current events, or
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(b) broadcasting or including in a cable programme service the work or part of the work,
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it is not an infringement of any copyright in the words as a literary or dramatic work, or in any literary or dramatic work or recording arising from the recording of the words, to use the record or material taken from it or to copy the record, or any such material, and to use the copy for the purposes referred to in paragraph (a) or (b).
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(2) The conditions referred to in subsection (1) are—
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(a) that the record is a direct record of the spoken words and is not taken from a previous record or from a broadcast or cable programme,
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(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,
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(c) that the use made of the record or material taken from it is not prohibited by or on behalf of the speaker or copyright owner before the record was made, and
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(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.
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