170
NO. 22 OF 2021
(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.
