Clause 13

Subject to subsections (2) and (3), where the broadcasting by a person of a literary, dramatic or musical work, or of an adaptation of such a work, would not for any reason constitute an infringement of the copyright in the work, but the making by the person of a sound recording or a cinematograph film of the work or adaptation would, apart from this subsection, constitute such an infringement, the copyright in the work is not infringed by the person making the recording or film solely for the purpose of simulcasting the work or adaptation in digital form.(2) Subsection (1) shall not apply in relation to the making of a recording or film if a record embodying the recording or a copy of the film is used for a purpose other than ––

the simulcasting of the work or adaptation in circumstances that do not for any reason constitute an infringement of the copyright in the work; or

the making of —

further records embodying the recording; or

further copies of the film,for the purpose of simulcasting the work or adaptation in such circumstances.(3) Subsection (1) shall not apply in relation to the making of a recording or film unless all the records embodying the recording or all the copies of the film made under that subsection are destroyed before the expiration of the prescribed period.”.