The following section is inserted after section 175:
“175A Transient reproduction of recording of performanceA 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.”
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.”