Page:Copyright Act 2021.pdf/173

174 ::(i) delivered to the National Archives with the consent of the Director of National Archives; or
 * (ii) destroyed.

Copying sound recordings or recordings of performances for broadcasting

253.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to—
 * (a) make a copy of—
 * (i) a sound recording; or
 * (ii) a recording of a protected performance; or
 * (b) record a protected performance live.

(2) The conditions are—
 * (a) the copy or recording is made for the sole purpose of broadcasting the recording;
 * (b) the copy or recording is used only—
 * (i) for the purpose of broadcasting the copy or recording in circumstances that do not constitute a rights infringement in relation to the sound recording or protected performance; or
 * (ii) to make further copies for that purpose;
 * (c) if X is not the person broadcasting the recording—
 * (i) X pays to the rights owner an amount agreed between them for the making of the copy or recording; or
 * (ii) X undertakes in writing to pay the rights owner the amount that a Copyright Tribunal decides is equitable remuneration for the making of the copy or recording; and
 * (d) within the prescribed time, every copy or recording made under this section is—
 * (i) delivered to the National Archives with the consent of the Director of National Archives; or