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In force2020 Revised Edition
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Part 5 · Permitted Uses of Copyright Works and Protected Performances

247. Communication by non‑interactive digital broadcast

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(1)

If the conditions in subsection (2) are met, it is a permitted use for a person (X) to communicate —

(a)

a sound recording; or

(b)

a recording of a protected performance.

(2)

The conditions are —

(a)

the communication is by means of a digital broadcast that —

(i)

is not part of an interactive service; and

(ii)

is available to the public free of charge; and

(b)

the recording —

(i)

is not commercially published; or

(ii)

is commercially published and X pays to the rights owner equitable remuneration of an amount —

(A)

agreed between them; or

(B)

in default of agreement, decided by a Copyright Tribunal.

(3)

If the conditions in subsection (4) are met, it is a permitted use for a person (X) to communicate —

(a)

a sound recording; or

(b)

a recording of a protected performance.

(4)

The conditions are —

(a)

the communication is by means of a digital broadcast that —

(i)

is not part of an interactive service; and

(ii)

is not available to the public free of charge; and

(b)

X pays to the rights owner equitable remuneration of an amount —

(i)

agreed between them; or

(ii)

in default of agreement, decided by a Copyright Tribunal.

Report

Part 6

Remedies for and Border Enforcement Measures Against Rights Infringements

Part 7

Additional Rights Relating to Copyright Works and Protected Performances

Part 8

Offences

Part 9

Regulation of Collective Management Organisations

Part 10

Copyright Tribunals

Part 11

Miscellaneous

Part 12

Transitional