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- (ii) collaborative research or study relating to the purpose of the computational data analysis carried out by X;
- (d) X has lawful access to the material (called in this section the first copy) from which the copy is made; and
Illustrations
(a) X does not have lawful access to the first copy if X accessed the first copy by circumventing paywalls.
(b) X does not have lawful access to the first copy if X accessed the first copy in breach of the terms of use of a database (ignoring any terms that are void by virtue of section 187).
- (e) one of the following conditions is met:
- (i) the first copy is not an infringing copy;
- (ii) the first copy is an infringing copy but—
- (A) X does not know this; and
- (B) if the first copy is obtained from a flagrantly infringing online location (whether or not the location is subject to an access disabling order under section 325)—X does not know and could not reasonably have known that;
- (iii) the first copy is an infringing copy but—
- (A) the use of infringing copies is necessary for a prescribed purpose; and
- (B) X does not use the copy to carry out computational data analysis for any other purpose.
(3) To avoid doubt, a reference in subsection (1) to making a copy includes a reference to storing or retaining the copy.
(4) It is a permitted use for X to communicate a work or a recording of a protected performance to the public if—
- (a) the communication is made using a copy made in circumstances to which subsection (1) applies; and
