s 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.