Section 90 is amended by repealing subsection (1) and substituting the following subsection:
“(1) A person (A) does not infringe copyright in a communication work, or in any work included in it, by recording it or making a copy of a recording of it, if—
“(a) the communication work is in a class of communication work prescribed by regulations made under this Act; and
“(b) A makes the recording or the copy for the purpose of placing it in an archive maintained by a body prescribed by regulations made under this Act.”