Incidental inclusion of protected work

Copyright in a work is not infringed, (a) by its incidental inclusion in an artistic work, sound recording, film, broadcast or cable programme; or (b) by the issue to the public of copies or the playing, showing, broadcasting or inclusion in a cable programme service of anything 76 whose making was not an infringement of copyright by virtue of paragraph (a) of this and for the purposes of this section, a musical work, words spoken or sung with music, or so much of a sound recording, broadcast or cable programme as includes a musical work or such words, shall not be regarded as incidentally included if it is deliberately included.