(1) It is not an infringement of copyright in an artistic work to reproduce the artistic work, or communicate that reproduction, if:
(a) the reproduction is derived from a three - dimensional product that embodies a corresponding design in relation to the artistic work; and
(b) the reproduction is in the course of, or incidental to:
(i) making a product (the non - infringing product ), if the making of the product did not, or would not, infringe the copyright in the artistic work because of the operation of this Division; or
(ii) selling or letting for hire the non - infringing product, or offering or exposing the non - infringing product for sale or hire.
(2) It is not an infringement of copyright in an artistic work to make a cast or mould embodying a corresponding design in relation to the artistic work, if:
(a) the cast or mould is for the purpose of making products; and
(b) the making of the products would not infringe copyright because of the operation of this Division.