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NO. 22 OF 2021
- (d) recording a protected performance live.
(2) The conditions are—
- (a) the work, recording or performance was accessed by the person (X) using the Internet;
- (b) when X accessed the work, recording or performance, it was generally accessible by the public free of charge using the Internet;
Illustrations
(a) A work, recording or performance is not generally accessible to the public if it is accessible only for a limited period that cannot be renewed or extended (for example, under a one-time trial subscription).
(b) A work, recording or performance is not generally accessible to the public if it is accessible only by circumventing an access control measure in circumstances that constitute an infringement of Division 4 of Part 7 (protection of technological measures).
(c) A work, recording or performance is not accessible free of charge if it is only accessible under a paid subscription, even if not all users of the subscription paid for it.
- (c) either—
- (i) X is a public officer or an officer of a public body, and the act is done for the purpose of developing or implementing a curriculum for an educational institution; or
- (ii) X is a student of or a member of the staff of an educational institution, and the act is done for the educational purposes of that institution;
- (d) X cites (or causes to be cited) the Internet source from which the work, recording or performance was accessed and the date on which the source was accessed;
- (e) X gives (or causes to be given) a sufficient acknowledgment of the work, recording or performance, if and to the extent that the necessary information is available from the Internet source;
