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(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