111BTemporary copy of subject‑matter as part of a technical process of use

111B  Temporary copy of subject‑matter as part of a technical process of use  (1) Subject to subsection (2), the copyright in a subject‑matter is not infringed by the making of a temporary copy of the subject‑matter if the temporary copy is incidentally made as a necessary part of a technical process of using a copy of the subject‑matter.  (2) Subsection (1) does not apply to:  (a) the making of a temporary copy of a subject‑matter if the temporary copy is made from:  (i) an infringing copy of the subject‑matter; or  (ii) a copy of the subject‑matter where the copy is made in another country and would be an infringing copy of the subject‑matter if the person who made the copy had done so in Australia; or  (b) the making of a temporary copy of a subject‑matter as a necessary part of a technical process of using a copy of the subject‑matter if that use constitutes an infringement of the copyright in the subject‑matter.  (3) Subsection (1) does not apply to any subsequent use of a temporary copy of a subject‑matter other than as a part of the technical process in which the temporary copy was made.