Page:Copyright Act 2021.pdf/169

170 (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.