225D.—(1) Subject to subsection (2), it is not an infringement of the rights conferred by this Part for an educational establishment, for the educational purposes of that establishment, to copy or communicate a recording of a performance that is available through the Internet if that copy or communication is accompanied by a sufficient acknowledgement.

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

(a) the recording is protected by a technological protection measure,

(b) the educational establishment knew or ought to have been aware that the recording was made available through the Internet without the consent of the copyright owner, or

(c) a clearly visible notice, and not merely the copyright symbol, prohibiting the copying or communication of the recording is posted on the Internet website concerned or on the recording itself.]