9911796707
TMI BlogDoctrine of First sale/Principle of ExhaustionX X X X Extracts X X X X X X X X Extracts X X X X ..... al. One of the acts restricted by the copyright in all work is the issue of the original or copies of the work to the public, often called the "distribution right". This right is provided for in section 18 of the 1988 Act. Infringement of the distribution right is a primary infringement under UK law, and so there is no need to prove knowledge or reason to believe that the copy in question is infri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st the distribution right in respect of such copies." (pages 613-614) "Exhaustion of the distribution right: tangible objects. Exhaustion applies to the tangible object into which a protected work or its copy is incorporated if it has been placed on the market with the copyright holder's consent. In the case of artistic works, the consent of the copyright holder does not cover the distribution ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... programs as to other works: the first sale of a copy of a program by the rightholder or with his consent exhausts the distribution right with the exception of the right to control further rental of the program or a copy thereof. As to copies made available in intangible form (e.g. by downloading from a website), for these purposes the word "sale" is to be given an autonomous Community interpretati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies to the copy as corrected and updated pursuant to the agreement. Any other interpretation would undermine the effectiveness of article 4(2) of the Directive since suppliers would merely have to call a contract a licence rather than a sale in order to circumvent the rule of exhaustion and divest it of all scope. The result is that a purchaser from the original licensee and any subsequent acquire ..... X X X X Extracts X X X X X X X X Extracts X X X X
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