225B.—(1) Subject to subsections (2) to (5), it is not an infringement of the rights conferred by this Part—

(a) to make or to cause to be made a copy or communication of a recording of a performance for the sole purpose of illustration for education, teaching or scientific research or of preparation for education, teaching or scientific research, or

(b) without prejudice to the generality of paragraph (a), for an educational establishment, for the educational purposes of that establishment, to copy or cause to be copied a recording of a performance, or to do or to cause to be done any other reasonably necessary act in order to display it.

(2) Subsection (1) shall not apply unless the copy or communication is—

(a) made for purposes that are neither directly nor indirectly commercial,

(b) made only to an extent reasonably justified by the non-commercial purposes referred to in paragraph (a), and

(c) accompanied by a sufficient acknowledgement.

(3) Subsection (1) shall not apply if—

(a) the recording being copied or communicated is an infringement of the rights conferred by this Part, and

(b) the person making the copy or communication or causing it to be made did not have reasonable grounds to believe that the recording was not such an infringement.

(4) Where a copy which would otherwise be an illicit recording is made under this section, but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an illicit recording for those purposes and for all subsequent purposes.

(5) Subsection (1) shall not apply if the recording is commercially available in the State—

(a) in a medium that is appropriate for any purpose referred to in that subsection,

(b) by or with the authority of the owner of the rights in that recording,

(c) on commercial terms no less favourable than those that apply to the recording in a medium other than the medium referred to in paragraph (a), and

(d) in sufficient supply to meet the likely demand for that recording in the medium referred to in paragraph (a).]