(1) The rights conferred by this Part are not infringed by—
(a) the incidental inclusion of a performance or recording in a sound recording, film, or communication work; or
(b) the playing of a sound recording, the showing of a film, or the making of a communication work, where the performance or sound recording has been incidentally included in that sound recording, film, or communication work; or
(c) the issue to the public of copies of a sound recording, film, or communication work in which a performance or recording has been incidentally included.
(2) For the purposes of this section, a performance or recording, so far as it consists of—
(a) music; or
(b) words spoken or sung with music,—
shall not be regarded as incidentally copied in another work if the performance or recording is deliberately copied.
Compare: Copyright, Designs and Patents Act 1988 Schedule 2 para 3 (UK)
Section 175(1): substituted, on 31 October 2008, by section 79 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).