The rights conferred by this Part are not infringed—
(a) by the incidental inclusion of performance or recording in a sound recording, film, broadcast or cable programme;
(b) by anything done in relation to copies of, or the playing, broadcasting or inclusion in a cable programme service of anything whose making was by virtue of paragraph (a), not an infringement,
and for the purpose of this section, a performance or recording so far as it consists of music, or words spoken or sung with music, shall not be regarded as incidentally included in a sound recording, broadcast or cable programme if it is deliberately included.