246.—(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 an analogue broadcast; 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.
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