(1) Where a work is broadcast, the broadcaster may make a recording of the broadcast with the broadcaster's own facility and may produce copies of the recording for the broadcasters own use.

(2) Subject to subsection (3) of this section, the copies of the recording shall be destroyed by the broadcaster within six months after the date on which the recording was made.

(3) An authorised recording under subsection (1) of this section of exceptional documentary character may be preserved for presentation to the National Archives.

(4) The preservation of an authorised recording for presentation to the National Archives does not affect the rights of the author in the work that was broadcast.

(5) Whether a recording of a broadcast is of exceptional documentary character is a question of fact to be determined by the broadcaster after taking into consideration the circumstances of the case and in particular the need for the enhancement of the historical and cultural aspects of life in the country.