A reproduction of a recording of a performance of a work does not infringe the rights conferred by this Part in the recording if the reproduction—
(a) is transient or incidental; and
(b) is a necessary part of a technological process for the viewing of, or listening to, the recording by a member of the public to whom the recording is lawfully made available; and
(c) has no independent economic significance.
Section 175A: inserted, on 31 October 2008, by section 80 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).