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8.—(1) After the heading “General” appearing before section 29 there shall be inserted—
28A Copyright in a literary work, other than a computer program or a database, or in a dramatic, musical or artistic work, the typographical arrangement of a published edition, a sound recording or a film, is not infringed by the making of a temporary copy which is transient or incidental, which is an integral and essential part of a technological process and the sole purpose of which is to enable—
(a)a transmission of the work in a network between third parties by an intermediary; or
(b)a lawful use of the work;
and which has no independent economic significance.”.
(2) After paragraph 1 of Schedule 2 there shall be inserted—
1A. The rights conferred by Part 2 are not infringed by the making of a temporary copy of a recording of a performance which is transient or incidental, which is an integral and essential part of a technological process and the sole purpose of which is to enable—
(a)a transmission of the recording in a network between third parties by an intermediary; or
(b)a lawful use of the recording;
and which has no independent economic significance.”.
(3) After section 182A(1) there shall be inserted—
“(1A) In subsection (1), making a copy of a recording includes making a copy which is transient or is incidental to some other use of the original recording.”.
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