248HCopying sound recordings for broadcasting

248H  Copying sound recordings for broadcasting

 (1) Despite paragraph 248G(2)(c), where the making of a copy of a sound recording of a performance for use in a sound‑track would, but for this subsection, be an unauthorised use of the performance under that paragraph, the making by a person of such a copy solely for the purpose of use in a broadcast by that person is not an unauthorised use of the performance.

 (2) Subsection (1) does not apply to a copy if it is used for a purpose other than:

 (a) a broadcast by the person who made the copy; or

 (b) the making of further copies by that person for the purpose of broadcasting by that person.

 (3) Subsection (1) does not apply to a copy unless all the copies made in accordance with that subsection are:

 (a) destroyed; or

 (b) transferred, with the consent of the Director‑General of the National Archives of Australia, to the care (within the meaning of the Archives Act 1983) of the National Archives of Australia;

before the end of the period of 12 months beginning on the day on which any of those copies is first used for the purpose of a broadcast in accordance with that subsection, or before the end of such further period (if any) as is agreed between the maker of the copy and the performer, or all of the performers.

 (4) The Director‑General of the National Archives of Australia must not consent to the transfer of the care of a copy of a sound recording to the National Archives of Australia unless the Director‑General has certified that the sound recording is of an exceptional documentary character.