233.—(1) The librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make a copy of a recording of a performance in the permanent collection of the library or archive—

(a) for the purposes of obtaining insurance cover for the copy of a performance concerned;

(b) for purposes of security;

(c) for the purposes of compiling or preparing an archival record of the performance; or

(d) for exhibition in the library or archive,

without infringing any rights conferred by this Part.

(2) F133[Subsection (1) shall apply to copying conducted for the curatorial purposes specified in that subsection], and to an extent reasonably justified by the non-commercial purpose to be achieved.

F134[(3) Subject to subsection (4), the librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make a copy of a recording of a performance in the permanent collection of the library or archive for the purposes of—

(a) compiling or preparing a catalogue, or

(b) publishing an image or clip from the recording in a catalogue relating to an exhibition, without infringing any copyright in that recording.

(4) Subsection (3) shall apply to copying—

(a) conducted for the curatorial purposes referred to in that subsection,

(b) to an extent reasonably justified by the non-commercial purpose to be achieved, and

(c) accompanied by a sufficient acknowledgement.]