Clause 26

Where the broadcasting of a sound recording or a cinematograph film would not for any reason constitute an infringement of the copyright in the recording or film, but the making of a copy of the recording or film would, apart from this section, constitute an infringement of the copyright, the copyright is not infringed by the making of a copy of the recording or film if the copy is made solely for the purpose of simulcasting the recording or film in digital form.(2) Subsection (1) shall not apply in relation to a copy of a recording or film if the copy is used for a purpose other than —

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

the making of further copies of the recording or film for the purpose of simulcasting the recording or film in such circumstances.(3) Subsection (1) shall not apply in relation to a copy of a recording or film unless all copies of the recording or film made under that subsection are destroyed before the expiration of the prescribed period.Non-subscription digital audio transmissions107B. Without prejudice to the generality of section 82(3), it is not an infringement of a copyright in a sound recording to make available to the public the sound recording ––

by means of or as part of an exempt transmission, being a digital audio transmission of a sound broadcast where the transmission —

is not part of an interactive service; and

is not a subscription transmission; or

by re-transmitting or simultaneously transmitting, by means of or as part of a digital audio transmission, an exempt transmission of a sound recording where the re-transmission or simultaneous transmission is obtained directly from the exempt transmission.Digital audio transmissions within business establishment107C.—

It is not an infringement of a copyright in a sound recording to make available to the public the sound recording by means of or as part of a digital audio transmission if —

the sound recording is made available to the public by such means within the premises of a business establishment;

the making available to the public of the sound recording by such means causes the sound recording to be heard within the premises or immediate surroundings of the business establishment; and

the business carried on in the business establishment does not consist primarily of the making available to the public of sound recordings by such means for payment.(2) In this section, “premises” includes any land, building structure and conveyance.Other non-infringing non-interactive transmissions107D. It is not an infringement of a copyright in a sound recording to make available to the public the sound recording by means of or as part of a digital audio transmission that is not part of an interactive service, if the person who does so pays the owner of the copyright in the sound recording such amount by way of equitable remuneration in respect of the transmission as may be agreed upon between them or, in default of such an agreement, as may be determined by the Copyright Tribunal on the application of either party.Temporary copy made in course of communication107E.—

The copyright in an audio-visual item is not infringed by the making of a temporary, incidental or transient copy of the audio-visual item as part of the technical process of making or receiving a communication.(2) Subsection (1) shall not apply to the making of a temporary, incidental or transient reproduction of an audio-visual item as part of the technical process of making a communication if the making of the communication itself constitutes an infringement of copyright.”.