§ 251 — Making sound recordings or films of literary, dramatic and musical works for broadcasting

251.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to make a copy of a literary, dramatic or musical work.(2) The conditions are —(a)

the copy is a sound recording or film of the work;

(b)

the copy is made for the sole purpose of broadcasting the work;

(c)

X would not infringe the copyright in the work by broadcasting the work;

(d)

the copy is used only —(i)

for the purpose of broadcasting the work in circumstances that do not constitute an infringement of the copyright in the work; or

(ii)

to make more copies for that purpose;

(e)

if X is not the person broadcasting the work —(i)

X pays the copyright owner an amount agreed between them for the making of the copy; or

(ii)

X undertakes in writing to pay the copyright owner the amount that a Copyright Tribunal decides is equitable remuneration for the making of the copy; and

(f)

within the prescribed time, every copy made under this section is —(i)

delivered to the National Archives with the consent of the Director of National Archives; or

(ii)

destroyed.

—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to make a copy of a literary, dramatic or musical work.

(2) The conditions are —(a)

the copy is a sound recording or film of the work;

(b)

the copy is made for the sole purpose of broadcasting the work;

(c)

X would not infringe the copyright in the work by broadcasting the work;

(d)

the copy is used only —(i)

for the purpose of broadcasting the work in circumstances that do not constitute an infringement of the copyright in the work; or

(ii)

to make more copies for that purpose;

(e)

if X is not the person broadcasting the work —(i)

X pays the copyright owner an amount agreed between them for the making of the copy; or

(ii)

X undertakes in writing to pay the copyright owner the amount that a Copyright Tribunal decides is equitable remuneration for the making of the copy; and

(f)

within the prescribed time, every copy made under this section is —(i)

delivered to the National Archives with the consent of the Director of National Archives; or

(ii)

destroyed.