WORKS, OR OTHER SUBJECT-MATTER, IN ELECTRONIC FORM
Interpretation of this part
193A. In this part, unless the context otherwise requires -
"electronic copy", in relation to any material, means a copy of the material
in an electronic form, and includes the original version of the material
in that form;
"material" means -
(a) any work; or
(b) any subject-matter other than work,
in which copyright subsists by virtue of this Act.
Acts by network service provider to enable access
193B. A network service provider does not infringe the copyright in any
material by doing any act in relation to an electronic copy of the material
made available on a network if the doing of the act is incidental to the
provision of the technical means to enable users of this or another network
to access the material.
Acts by network service provider at the direction of another
193C.- (1) A network service provider does not infringe the copyright in
any material by doing any act in relation to an electronic copy of the material
made available on a network (referred to in this section and section 193D as the
primary network) if -
(a) the act is done in the course of storing, transmitting, routing or
otherwise providing connections to the copy on the primary or another
network;
(b) the storage,transmission, routing or provision of connections (as the
case may be) is done at the express or implied direction of a user of
the network referred to in paragraph (a); and
(c) the copy is stored, transmitted or routed (as the case may be) without
any deliberate modification by the network service provider to its contents.
(2) Subsection (1) does not apply if -
(a) the primary network is operated and controlled, solely by the network
service provider;
(b) the network service provider was furnished with a statutory declaration,
purportedly made by the owner of the copyright in the material or under the
owner's authority, stating -
(i) that the maker of the declaration in good faith believes that an
act which constitutes infringement of the copyright in question was
carried out in, or in the course of, making available the copy of the
material on the primary network;
(ii) the grounds for his belief; and
(iii) such other information as may be prescribed; and
(c) despite being furnished with the statutory declaration, the network
service provider fails within a reasonable time to take reasonable steps
to -
(i) remove the copy from the primary network; or
(ii) disable access to the material on the primary network.
Exemption of network service provider from liability for removal of
copy, etc., from network
193D. - (1) Notwithstanding anything to the contrary in any law (written or
otherwise), a network service provider shall not be subject to any civil or
criminal liability under any rule of law in respect of -
(a) the removal of an electronic copy of any material from a network
operated, and controlled, solely by him; or
(b) the disabling of access to the material on the network,
if such removal or disabling was done pursuant to a statutory declaration referred
to in Section 193C (2) (b) in relation to the material.
(2) Subsection (1) shall apply whether or not it is ultimately determined that an
act which constitutes an infringement of the copyright in question was carried out
in, or in the course of, making available the copy of the material on the primary
network.
User Caching
193E. Copyright in any material is not infringed by the making of a transient
or incidental electronic copy of the material from an electronic copy of the material
made available on a network, if the making of the first-mentioned copy is required
for the viewing, listening, or utilisation of the material by a user of this or
another network.
Transfer of electronic copy of material
193F.- (1) This section shall apply where an electronic copy of any material
has been purchased on or after the commencement of the Copyright (Amendment) Act 1999
on terms which expressly or impliedly or by virtue of any rule of law, allow the
purchaser to copy the material, or to adapt it or make copies of an adaptation,
in connection with his use of it.
(2) If there are no express terms -
(a) prohibiting the transfer of the copy by the purchaser, imposing obligations
which continue after a transfer, prohibiting the assignment of any license
or terminating any license 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 without infringement
of copyright by a transferee.
(3) Notwithstanding subsection (2), any copy (including the original purchased copy),
adaptation or copy of an adaptation which is not also transferred is to be treated
as an infringing copy of the material for all purposes after the transfer.
(4) Subsections (2) and (3) shall also apply where the original purchased copy is
no longer usable and what is transferred is a further copy used in its place.
(5) Subsections (2), (3) and (4) shall also apply on a subsequent transfer, with
the substitution for references in subsection (2) to the purchaser for references
to the subsequent transferor.