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140.
Use as of right of sound recordings in broadcasts and cable programme services
(1)
Section 142 applies to the inclusion in a broadcast or cable programme service of any sound recordings if -
fa) a licence to include those recordings in the broadcast or cable programme service could be granted by a licensing body or such a body could procure the grant of a licence to do so;
(b) the condition in subsections (2) or (3) applies; and
(c) the person including those recordings in the broadcast or cable programme service has complied with section 141.
(2)
Where the person including the recordings in the broadcast or cable programme service does not hold a licence to do so, the condition is that the licensing body refuses to grant, or procure the grant of, such a licence, being a licence-fa) whose. terms as to payment for including the recordings in the broadcast or cable programme service would be acceptable to him or comply with an order of the Copyright
Tribunal under section 143 relating to such a licence or any scheme under which it would be granted; and
(b) allowing unlimited needletime or such needletime as he has demanded.
336

{3}
Where he holds a licence to include the recordings in the broadcast or cable programme service, the condition is that the terms of the licence limit needletime and the licensing body refuses to substitute or procure the substitution of terms allowing unlimited needletime or such needletime as he has demanded, or refuses to do so on terms that fall within paragraph fa) of subsection !2).
(4)
The references in subsection (2) to refusing to grant, or procure the grant of, a licence, and in subsection (3) to refusing to substitute or procure the substitution of terms, include failing to do so within a reasonable time of being asked.
[5)
In this section, "needletime" means the time in any period, whether determined as a number of hours in the period or a proportion of the period, or otherwise, in which any recordings may be included in a broadcast or cable programme service.

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s 140Use as of right of sound recordings in broadcasts and cable programme services

(1)

Section 142 applies to the inclusion in a broadcast or cable programme service of any sound recordings if -

fa) a licence to include those recordings in the broadcast or cable programme service could be granted by a licensing body or such a body could procure the grant of a licence to do so;

(b)

the condition in subsections (2) or (3) applies; and

(c)

the person including those recordings in the broadcast or cable programme service has complied with section 141.

(2)

Where the person including the recordings in the broadcast or cable programme service does not hold a licence to do so, the condition is that the licensing body refuses to grant, or procure the grant of, such a licence, being a licence-fa) whose. terms as to payment for including the recordings in the broadcast or cable programme service would be acceptable to him or comply with an order of the Copyright

Tribunal under section 143 relating to such a licence or any scheme under which it would be granted; and

(b)

allowing unlimited needletime or such needletime as he has demanded.

336

{3}

Where he holds a licence to include the recordings in the broadcast or cable programme service, the condition is that the terms of the licence limit needletime and the licensing body refuses to substitute or procure the substitution of terms allowing unlimited needletime or such needletime as he has demanded, or refuses to do so on terms that fall within paragraph fa) of subsection !2).

(4)

The references in subsection (2) to refusing to grant, or procure the grant of, a licence, and in subsection (3) to refusing to substitute or procure the substitution of terms, include failing to do so within a reasonable time of being asked.

[5)

In this section, "needletime" means the time in any period, whether determined as a number of hours in the period or a proportion of the period, or otherwise, in which any recordings may be included in a broadcast or cable programme service.