68A.—(1) Subject to subsection (2), it is not an infringement of the rights conferred by this Part where the librarian or archivist of a prescribed library or prescribed archive makes, or causes to be made, a copy of a work, in the permanent collection of the library or archive, in a different form to that which the copy takes if—

(a) that librarian or archivist lawfully uses the means used to make the copy, and

(b) the copy is made solely for preservation or archival purposes where those purposes are neither directly nor indirectly commercial.

(2) Subsection (1) shall not apply where—

(a) the work being copied is an infringing copy, and

(b) the librarian or archivist making the copy, or causing it to be made, did not have reasonable grounds for believing that the work was not an infringing copy.]

F63[(3) Any contractual provisions contrary to this section shall be unenforceable.]