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

Kabir buys a lawfully made copy of a book from a shop in Jaipur. He later argues that the author cannot control further distribution of that particular copy. Under the Explanation to Section 14, how is a copy that has been sold once treated?

A copy which has been sold once is deemed to be a copy already in circulation. Since the issue right under Section 14 extends only to copies not already in circulation, the author cannot use it to control later distribution of that sold copy.

  1. AAs a copy already in circulationCorrect
  2. BAs an unpublished copy
  3. CAs a copy that needs a fresh licence for each resale
  4. DAs a copy over which the author keeps the issue right

Explanation

The Explanation to Section 14 deems a copy which has been sold once to be a copy already in circulation. The exclusive right to issue copies to the public covers only copies not already in circulation, so the author cannot control that copy's later distribution through this right.

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