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176
NO. 22 OF 2021


(d) the copy is used only—
(i) for the purpose of simulcasting the work in circumstances that do not constitute an infringement of the copyright in the work; or
(ii) to make more copies for that purpose; and
(e) every copy made under this section is destroyed within the prescribed time.

(3) In this section and section 256, “simulcasting” means simultaneously broadcasting in both analogue form and digital form.

Copying sound recordings, recordings of performances, or films for simulcasting

256.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of any of the following material:

(a) a sound recording;
(b) a film;
(c) a recording of a protected performance.

(2) The conditions are—

(a) broadcasting the material would not be a rights infringement in relation to the material;
(b) the copy is made for the sole purpose of simulcasting the material in digital form;
(c) the copy is used only—
(i) for the purpose of simulcasting the material in circumstances that do not constitute a rights infringement in relation to the material; or
(ii) to make further copies for that purpose; and
(d) every copy of the material made under this section is destroyed within the prescribed time.