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- (B) in the case of a subscription service—by all subscribers of that service; and
- (ii) where the programming on each channel of the service consists substantially of sound recordings or recordings of protected performances that are performed either within an hour of the request or at a time designated by that individual; but
- (c) does not include a service to which paragraph (b)(i) applies but not paragraph (b)(ii).
Communication by analogue broadcast
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.
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.
