87.—(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 a work or other subject-matter to be made, and which acts have no independent economic significance.

(2) Where a copy, which would otherwise be an infringing copy, 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 deemed to be an infringing copy for those purposes and for all subsequent purposes.]