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Transfer of works in electronic form

Cap. 252, s. 75 · Revised Edition 2020

(1) Where a work in electronic form has been purchased on terms which expressly or impliedly or by virtue of any rule of law, allow the purchaser to copy the work or to adapt it or to make copies of an adaptation in connection with his use of it, then, in the absence of any express terms, (a) prohibiting the transfer of the copy by the purchaser or imposing obligations which continue after a transfer, or prohibiting the assignment of any licence or terminating any licence on a transfer; or (b) providing for the terms on which a transferee may do the things which the purchaser was permitted to do, anything which the purchaser was allowed to do may also be done by a transferee without infringement of copyright. (2) Any copy, adaptation or copy of an adaptation made by the purchaser which is not also transferred shall, after the transfer, be treated as an infringing copy for all purposes. (3) Subsections (1) and (2) of this section, apply where the original purchased copy is no longer usable and what is transferred is a further copy used in its place. (4) This section applies also on a subsequent transfer, with the substitution for references in subsection (2) of this section to the purchaser of references to the subsequent transferor.
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