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COPYRIGHT
171


Communication by other analogue or non-interactive digital transmission

248.—(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 an analogue transmission (but not an analogue broadcast); or
(b) the communication is a digital transmission (but not a digital broadcast) that is not part of an interactive service, and 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.

Division 10—Films

Films depicting historical events

249.—(1) This section applies where—

(a) the visual images of a film consist wholly or mainly of images that, when they were first embodied in an article or a thing, were means of communicating news; and
(b) 50 years have passed since the end of the year during which the main events depicted in the film occurred.

(2) It is a permitted use to—

(a) cause the visual images of the film to be seen in public;
(b) cause any sounds of the film to be heard in public; or
(c) do both of those acts.