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10.—(1) Section 30 shall be amended as follows—
(a)in subsection (1) after the word “acknowledgement” there shall be inserted “ and provided that the work has been made available to the public”;
(b)after subsection (1) there shall be inserted—
“(1A) For the purposes of subsection (1) a work has been made available to the public if it has been made available by any means, including—
(a)the issue of copies to the public;
(b)making the work available by means of an electronic retrieval system;
(c)the rental or lending of copies of the work to the public;
(d)the performance, exhibition, playing or showing of the work in public;
(e)the communication to the public of the work,
but in determining generally for the purposes of that subsection whether a work has been made available to the public no account shall be taken of any unauthorised act.”;
(c)in subsection (3) for the words from “, broadcast” to “programme” there shall be substituted “ or broadcast where this would be impossible for reasons of practicality or otherwise”.
(2) For paragraph 2(1) of Schedule 2 there shall be substituted—
“2.—(1) Fair dealing with a performance or recording for the purpose of criticism or review, of that or another performance or recording, or of a work, does not infringe any of the rights conferred by Part 2 provided that the performance or recording has been made available to the public.
(1A) Fair dealing with a performance or recording for the purpose of reporting current events does not infringe any of the rights conferred by Part 2.”.
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