53A.—(1) Subject to subsection (3), the making of a copy of a work by a person who has lawful access to the work does not infringe copyright in the work where the copy is—

(a) made in order that the person may carry out a computational analysis of anything in the work for the sole purpose of research for a non-commercial purpose, and

(b) accompanied by a sufficient acknowledgement.

(2) A copy made under subsection (1) of a work which was, at the time when the copy was made, available without a restriction as to its access does not infringe copyright, and whether or not that work continues to be so available after that time.

(3) Where a copy of a work has been made under subsection (1) by a person, the copyright in the work is infringed where the copy—

(a) is transferred to any other person, except where the transfer is authorised by the copyright owner, or

(b) is used for any purpose other than the purpose referred to in subsection (1)(a).

F39[(3A) A copy of a work made in compliance with subsection (1) shall be stored in a secure manner appropriate to the nature of the work concerned and may be retained for the purposes of research, including for the purposes of the verification of research results.

(3B) In order to ensure that a copy of a work is stored with an appropriate level of security in accordance with subsection (3A), the person responsible for the security and integrity of the networks and databases where the copy is hosted (in this section referred to as “the responsible person”) shall ensure that only persons who have lawful access to the data contained in that copy shall be permitted to access those data, including through IP address validation or user authentication.

(3C) Where a copy of a work is made in compliance with subsection (1), the author of the work, in order to satisfy himself or herself of the security and integrity of the networks and databases where the copy is hosted, shall –

(a) be informed of the making of the copy,

(b) be entitled to request information on the steps taken by the responsible person to comply with subsection (3B), and

(c) be entitled, where he or she requests any additional security measures, to a response as soon as practicable as to whether or not those additional security measures will be applied.

(3D) The exceptions and limitations provided for under this section shall only be applied in certain special cases which do not conflict with a normal exploitation of the work or other subject matter and do not unreasonably prejudice the legitimate interests of the rightholder.

(3E) Where a beneficiary of an exception or limitation under this section has legal access to the relevant protected work or subject matter, the relevant F40[rightholder] shall ensure that that beneficiary has the means of benefiting from that exception or limitation to the extent necessary to do so.

(3F) Any contractual provision contrary to this section shall be unenforceable.]

(4) Without prejudice to section 374, nothing in Part VII shall be construed as operating to prevent a person from undertaking an act permitted by this section.

(5) Without prejudice to the generality of section 52(1), where the publication of the results of a computational analysis referred to in subsection (1)(a) of a copy of a work includes the reproduction of extracts from the work, such inclusion shall constitute inclusion in an incidental manner referred to in section 52(1) if the extracts are not more than are reasonably necessary to explain, or to assist in explaining, the results of the analysis.]