53B.—(1) Where F42[a rightholder] has not expressly reserved in an appropriate manner, in accordance with subsection (3), the use of a work for reproduction or extraction for the purposes of text and data mining, a person who has lawful access to it but does not fall within the scope of section 53A(1), may reproduce it for the purposes of text and data mining.

(2) Reproductions and extractions made pursuant to subsection (1) may be retained for as long as is necessary for the purposes of text and data mining.

(3) For the purposes of subsection (1), F42[a rightholder] reserves the use of a work for reproduction or extraction for the purposes of text and data mining in an appropriate manner where the reservation concerned –

(a) is machine-readable in the case of content made publicly available online, including metadata and terms and conditions of a website or a service, and

(b) in case of content not made publicly available online, is clearly communicated to all persons who have lawful access to it.

(4) 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.

(5) Where a beneficiary of an exception or limitation under this section has legal access to the relevant protected work or subject matter, the relevant F42[rightholder] shall ensure that that beneficiary has the means of benefiting from that exception or limitation to the extent necessary to do so.

(6) Any contractual provisions contrary to this section shall be unenforceable.]