Clause 30

Notwithstanding section 252, a network service provider does not make an unauthorised use of a performance by doing any act in relation to a recording of the performance, being an electronic recording made available on a network (referred to in this section as the primary network), if —

the act is done in the course of storing, transmitting, routing or otherwise providing connections to the recording on the primary or another network;

the storage, transmission, routing or provision of connections (as the case may be) is done at the express or implied direction of a user of the network referred to in paragraph (a); and

the recording is stored, transmitted or routed (as the case may be) without any deliberate modification by the network service provider to its contents.(2) Subsection (1) does not apply if —

the primary network is operated, and controlled, solely by the network service provider;

the network service provider was furnished with a statutory declaration, purportedly made by the performer of the performance or under the performer’s authority, stating —

that the maker of the declaration in good faith believes that the recording is an unauthorised recording;

the grounds for his belief; and

such other information as may be prescribed; and

despite being furnished with the statutory declaration, the network service provider fails within a reasonable time to take reasonable steps to —

remove the recording from the primary network; or

disable access to the recording on the primary network.Exemption of network service provider from liability for removal of recording from network252C.—

Notwithstanding anything to the contrary in any law (written or otherwise), a network service provider shall not be subject to any civil or criminal liability under any rule of law in respect of —

the removal of an electronic recording of a performance from a network operated, and controlled, solely by him; or

the disabling of access to the performance on the network,if such removal or disabling was done pursuant to a statutory declaration referred to in section 252B(2)(b) in relation to the recording.(2) Subsection (1) shall apply whether or not the recording of the performance is ultimately determined to be an unauthorised recording.User caching252D. Notwithstanding section 252, the making of a transient or incidental electronic copy of a recording of a performance, being an electronic recording made available on a network, does not constitute an unauthorised use of the performance if the making of the copy is required for the viewing, listening or utilisation of the performance by the user of this or another network.”.