§ 248 — Communication by other analogue or non‑interactive digital transmission

248.—(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 an analogue transmission (but not an analogue broadcast); or

(b)

the communication is a digital transmission (but not a digital broadcast) that is not part of an interactive service, and 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 an analogue transmission (but not an analogue broadcast); or

(b)

the communication is a digital transmission (but not a digital broadcast) that is not part of an interactive service, and 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.