88.—(1) The copyright in a work is not infringed by an act undertaken when, or pursuant to arrangements made when—
(a) it is not possible to ascertain the identity of the author of the work by reasonable enquiry, and
(b) it is reasonable to assume that the copyright has expired.
(2) Where a work is a work of joint authorship the reference in subsection (1) to the possibility of ascertaining the identity of the author shall be construed as a reference to its being possible to ascertain the identity of any of the authors.
