4. Section 107E of the Copyright Act is repealed and the following section substituted therefor:
—(1) Subject to subsection (2), the copyright in an audio-visual item is not infringed by the making of a temporary or transient copy of the audio-visual item if —
the copy is made incidentally as part of the technical process of making or receiving a communication; and
the act of making the communication itself does not constitute an infringement.
(2) Subsection (1) shall not apply to the making of a temporary or transient copy of an audio-visual item if the copy of the audio-visual item that is communicated —
is an infringing copy of the audio-visual item; or
is a copy that, if it had been made in Singapore, would have been an infringing copy of the audio-visual item.
(3) Nothing in subsection (1) shall be construed as authorising any subsequent use of the temporary or transient copy of the audio-visual item.”.