Retransmission of free‑to‑air broadcasts
135ZZK Retransmission of free‑to‑air broadcasts
The copyright in a work, sound recording or cinematograph film included in a free‑to‑air broadcast is not infringed by the retransmission of the broadcast if:
a remuneration notice given by, or on behalf of, the retransmitter to the relevant collecting society is in force; and
the free‑to‑air broadcast was made by a broadcaster specified in the remuneration notice; and
the retransmitter complies with section 135ZZN.
The copyright in a work, sound recording or cinematograph film included in a free‑to‑air broadcast is not infringed by the making of a copy of the broadcast for the sole purpose of enabling a delayed retransmission of the broadcast to be made.
Subsection (2) does not apply if the retransmission of the broadcast would infringe the copyright in the broadcast.
If a copy of a broadcast made for the purpose referred to in subsection (2) is not destroyed within 7 days after it is made, subsection (2) does not apply, and is taken never to have applied, in relation to the making of the copy.
In this section, a reference to the making of a copy of a free‑to‑air broadcast is a reference to making a cinematograph film or sound recording of the broadcast, or a copy of such a film or sound recording.
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