CDPA 1988 s.5A – Sound recordings

(1) In this Part “sound recording” means—

(a)a recording of sounds, from which the sounds may be reproduced, or

(b)a recording of the whole or any part of a literary, dramatic or musical work, from which sounds reproducing the work or part may be produced,

regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced.

(2)Copyright does not subsist in a sound recording which is, or to the extent that it is, a copy taken from a previous sound recording.^F8]

Definitions used in section 5A 4

musical work: “musical work” means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music.
Defined in s.3(1) · see it in the full Act
made: (2)Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded, in writing or otherwise; and references in this Part to the time at which such a work is made are to the time at which it is so recorded.
Defined in s.3(2) · see it in the full Act
sound recording: “sound recording” means—
Defined in s.5(1) · see it in the full Act
copy: (1)The copying of the work is an act restricted by the copyright in every description of copyright work; and references in this Part to copying and copies shall be construed as follows.
Defined in s.17(1) · see it in the full Act

Cases considering section 5A 3

Hasbro Consumer Products Licensing Limited & Anor v Cong Ty Tnhh Dau Tu Cong Nghe Va Dich Vu Sconnect Viet Nam & Ors

[2026] EWHC 1546 (Ch) · 25 June 2026Interprets

Interpreted as protecting a sound recording where it is not a copy taken from a previous sound recording. The court held that the Audio Clips could be proved as separate recordings despite reliance on evidence from later Peppa Pig videos (see paras [45]-[48]).

ENTERTAINMENT ONE UK LIMITED v CÔNG TY TNHH ĐẦU TƯ CÔNG NGHỆ VÀ DỊCH VỤ SCONNECT VIỆTNAM also known as SCONNECT CO. LTD.

[2022] EWHC 3295 (Ch) · 21 December 2022

Considers the pleading of the Audio Clips as sound recordings. The court held that the pleadings validly identified an arguable infringement and therefore disclosed a serious issue to be tried. (see paras [117]-[122])

Quick Draw LP v Global Live Events LLP & Ors

[2012] EWHC 2105 (Ch) · 30 July 2012Defines

Interprets the Act as preventing copyright from subsisting in a sound recording that is a copy taken from a previous sound recording. The principle was relevant to the status of edited recordings.

What each judgment says about section 5A is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

F8Ss. 5A, 5B substituted for s. 5 (1.1.1996) by S.I. 1995/3297, reg. 9(1) (with Pt. III)