43BTemporary reproductions of works as part of a technical process of use

43B  Temporary reproductions of works as part of a technical process of use  (1) Subject to subsection (2), the copyright in a work is not infringed by the making of a temporary reproduction of the work if the reproduction is incidentally made as a necessary part of a technical process of using a copy of the work.  (2) Subsection (1) does not apply to:  (a) the making of a temporary reproduction of a work if the reproduction is made from:  (i) an infringing copy of the work; or  (ii) a copy of the work where the copy is made in another country and would be an infringing copy of the work if the person who made the copy had done so in Australia; or  (b) the making of a temporary reproduction of a work as a necessary part of a technical process of using a copy of the work if that use constitutes an infringement of the copyright in the work.  (3) Subsection (1) does not apply to any subsequent use of a temporary reproduction of a work other than as a part of the technical process in which the temporary reproduction was made.