225C.— (1)F126[Subject to subsections (2), (3) and (4)], it is not an infringement of the rights conferred by this Part for—

(a) an educational establishment, for the educational purposes of that establishment, to communicate a recording of a performance, sound recording, film, broadcast or cable programme as part of a lesson or examination to a student of that establishment by telecommunication, and

(b) a student who has received such a lesson or examination to make a copy of such recording, film, broadcast or cable programme in order to be able to listen to or view it at a more convenient time.

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

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

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

(3) 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.]

F127[(4) Subsection (1) shall apply on condition that such use takes place—

(a) under the authority of an educational establishment, on its premises or at other venues, or through a secure electronic environment access to which is limited to an educational establishment’s teaching staff and to pupils or students enrolled in a study programme, in particular through appropriate authentication procedures including password-based authentication, and

(b) is accompanied by an indication of the source, including the author’s name, unless this turns out to be impossible.

(5) The exceptions and limitations provided for under this section shall only be applied in certain special cases which do not conflict with a normal exploitation of the work or other subject matter and do not unreasonably prejudice the legitimate interests of the rightholder.

(6) Where a beneficiary of an exception or limitation under this section has legal access to the relevant protected work or subject matter, the relevant F128[rightholder] shall ensure that that beneficiary has the means of benefiting from that exception or limitation to the extent necessary to do so.

(7) Any contractual provisions contrary to this section shall be unenforceable.]