244.—(1) It is not an infringement of the rights conferred by this Part to undertake or conduct temporary acts of reproduction which acts are transient or incidental and which are an integral and essential part of a technological process and whose sole purpose is to enable—

(a) a transmission in a network between third parties by an intermediary, or

(b) a lawful use,

of the subject-matter to be made, and which acts have no independent economic significance.

(2) Where a copy, which would otherwise be an illicit recording, is made under this section and is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an illicit recording for those purposes and for all subsequent purposes.]