§ 253 — Copying sound recordings or recordings of performances for broadcasting

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

make a copy of —(i)

a sound recording; or

(ii)

a recording of a protected performance; or

(b)

record a protected performance live.

(2) The conditions are —(a)

the copy or recording is made for the sole purpose of broadcasting the recording;

(b)

the copy or recording is used only —(i)

for the purpose of broadcasting the copy or recording in circumstances that do not constitute a rights infringement in relation to the sound recording or protected performance; or

(ii)

to make further copies for that purpose;

(c)

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

X pays to the rights owner an amount agreed between them for the making of the copy or recording; or

(ii)

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

(d)

within the prescribed time, every copy or recording 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 —(a)

make a copy of —(i)

a sound recording; or

(ii)

a recording of a protected performance; or

(b)

record a protected performance live.

(2) The conditions are —(a)

the copy or recording is made for the sole purpose of broadcasting the recording;

(b)

the copy or recording is used only —(i)

for the purpose of broadcasting the copy or recording in circumstances that do not constitute a rights infringement in relation to the sound recording or protected performance; or

(ii)

to make further copies for that purpose;

(c)

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

X pays to the rights owner an amount agreed between them for the making of the copy or recording; or

(ii)

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

(d)

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

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

(ii)

destroyed.