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NO. 22 OF 2021
- (i) delivered to the National Archives with the consent of the Director of National Archives; or
- (ii) destroyed.
Copying sound recordings or recordings of performances for broadcasting
253.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to—
- (a) make a copy of—
- (i) a sound recording; or
- (ii) a recording of a protected performance; or
- (b) record a protected performance live.
(2) The conditions are—
- (a) the copy or recording is made for the sole purpose of broadcasting the recording;
- (b) the copy or recording is used only—
- (i) for the purpose of broadcasting the copy or recording in circumstances that do not constitute a rights infringement in relation to the sound recording or protected performance; or
- (ii) to make further copies for that purpose;
- (c) if X is not the person broadcasting the recording—
- (i) X pays to the rights owner an amount agreed between them for the making of the copy or recording; or
- (ii) X undertakes in writing to pay the rights owner the amount that a Copyright Tribunal decides is equitable remuneration for the making of the copy or recording; and
- (d) within the prescribed time, every copy or recording made under this section is—
- (i) delivered to the National Archives with the consent of the Director of National Archives; or
