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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Copyright

Arjun buys a lawfully made copy of a cinematograph film from a shop in Jaipur and resells it to a friend. Under Section 14, how is the copy he bought treated?

Under the Explanation to Section 14, a copy that has been sold once is deemed a copy already in circulation. So the copy Arjun bought counts as already in circulation, and the owner's right to issue copies does not extend to it.

  1. AA copy that has been sold once is deemed a copy already in circulationCorrect
  2. BA copy that remains the film owner's property until a licence is signed
  3. CA copy that cannot be sold again without the owner's consent in writing
  4. DA copy that becomes a new work owned by Arjun

Explanation

The Explanation to Section 14 says a copy which has been sold once is deemed a copy already in circulation. The right to issue copies for literary, dramatic or musical works excludes copies already in circulation, so the first sale exhausts that control over that copy.

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