The following section is inserted after section 43:
“43A Transient reproduction of workA reproduction of a work does not infringe copyright in the work if the reproduction—“(a) is transient or incidental; and“(b) is an integral and essential part of a technological process for—“(i) making or receiving a communication that does not infringe copyright; or“(ii) enabling the lawful use of, or lawful dealing in, the work; and“(c) has no independent economic significance.”
A reproduction of a work does not infringe copyright in the work if the reproduction—
“(a) is transient or incidental; and
“(b) is an integral and essential part of a technological process for—
“(i) making or receiving a communication that does not infringe copyright; or
“(ii) enabling the lawful use of, or lawful dealing in, the work; and
“(c) has no independent economic significance.”