§ 247 — Communication by non‑interactive digital broadcast

247.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to communicate —(a)

a sound recording; or

(b)

a recording of a protected performance.

(2) The conditions are —(a)

the communication is by means of a digital broadcast that —(i)

is not part of an interactive service; and

(ii)

is available to the public free of charge; and

(b)

the recording —(i)

is not commercially published; or

(ii)

is commercially published and X pays to the rights owner equitable remuneration of an amount —(A)

agreed between them; or

(B)

in default of agreement, decided by a Copyright Tribunal.

(3) If the conditions in subsection (4) are met, it is a permitted use for a person (X) to communicate —(a)

a sound recording; or

(b)

a recording of a protected performance.

(4) The conditions are —(a)

the communication is by means of a digital broadcast that —(i)

is not part of an interactive service; and

(ii)

is not available to the public free of charge; and

(b)

X pays to the rights owner equitable remuneration of an amount —(i)

agreed between them; or

(ii)

in default of agreement, decided by a Copyright Tribunal.

—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to communicate —(a)

a sound recording; or

(b)

a recording of a protected performance.

(2) The conditions are —(a)

the communication is by means of a digital broadcast that —(i)

is not part of an interactive service; and

(ii)

is available to the public free of charge; and

(b)

the recording —(i)

is not commercially published; or

(ii)

is commercially published and X pays to the rights owner equitable remuneration of an amount —(A)

agreed between them; or

(B)

in default of agreement, decided by a Copyright Tribunal.

(3) If the conditions in subsection (4) are met, it is a permitted use for a person (X) to communicate —(a)

a sound recording; or

(b)

a recording of a protected performance.

(4) The conditions are —(a)

the communication is by means of a digital broadcast that —(i)

is not part of an interactive service; and

(ii)

is not available to the public free of charge; and

(b)

X pays to the rights owner equitable remuneration of an amount —(i)

agreed between them; or

(ii)

in default of agreement, decided by a Copyright Tribunal.