(1) The rights conferred by this Part are not infringed by the copying of a recording of a performance in the course of instruction, in the making of films or film soundtracks, provided the copying is done by a person giving or receiving instruction.
(2) The rights conferred by this Part are not infringed—
(a) by the copying of a recording of a performance for the purposes of setting or answering the questions in an examination; or
(b) by anything done for the purposes of an examination by way of communicating the questions to the candidates.
(3) Where a recording which would otherwise be an illicit recording is made in accordance with this section but is subsequently dealt with, it shall be treated as an illicit recording for the purposes of that dealing, and if that dealing infringes any right conferred by this Part for all subsequent purposes.
(4) In subsection (3) and in section 127(2) “dealt with” means sold or let for hire, or offered or exposed for sale or hire.