107B. Non-subscription digital audio transmissions
Feedback & supportLast amended by an amending law of 2004.
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 —
sound recording
“sound recording” means the aggregate of the sounds embodied in a record;
by means of or as part of an exempt transmission, being a digital audio transmission of a sound broadcast where the transmission —
digital audio transmission
“digital audio transmission” means a transmission of a sound recording, in whole or in part, in a digital or other non-analogue form;
is not part of an interactive service; and
interactive service
“interactive service” means a service that enables an individual to receive —(a)a transmission of a programme specially created for that individual; or(b)on request, a transmission of a particular sound recording, whether or not as part of a programme, which is selected by or on behalf of that individual,but does not include any service that enables an individual to request that particular sound recording be performed for reception by the public at large or, in the case of a subscription service, by all subscribers of that service, unless the programming on each channel of that service consists substantially of sound recordings that are performed within an hour of the request or at a time designated by that individual;
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.
re-transmission
“re-transmission”, in relation to a broadcast, means a re-transmission of the broadcast without altering the contents of the broadcast, whether the re-transmission is simultaneous with the original transmission or whether the technique that is used to achieve the re-transmission is different from that used to achieve the original transmission;