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9. (1) Section 18 (infringement of copyright by issue of copies of work to public) is amended as follows.
(2) For subsections (2) and (3) (meaning of issue of copies to the public) substitute—
“(2) References in this Part to the issue to the public of copies of a work are to—
(a)the act of putting into circulation in the EEA copies not previously put into circulation in the EEA by or with the consent of the copyright owner, or
(b)the act of putting into circulation outside the EEA copies not previously put into circulation in the EEA or elsewhere.
(3) References in this Part to the issue to the public of copies of a work do not include—
(a)any subsequent distribution, sale, hiring or loan of copies previously put into circulation (but see section 18A: infringement by rental or lending), or
(b)any subsequent importation of such copies into the United Kingdom or another EEA state,
except so far as paragraph (a) of subsection (2) applies to putting into circulation in the EEA copies previously put into circulation outside the EEA.”.
(3) After subsection (3) add—
“(4) References in this Part to the issue of copies of a work include the issue of the original.”.
(4) In consequence of the above amendments, in section 27 (meaning of “infringing copy”) omit subsection (3A) and the words “Subject to subsection (3A),” in subsection (3).
(5) In section 172A (meaning of EEA national and EEA state), for the sidenote and subsection (1) substitute—
(1) In this Part—
“the EEA” means the European Economic Area;
“EEA national” means a national of an EEA state; and
“EEA state” means a state which is a contracting party to the EEA Agreement.”.
(6) In section 179 (index of defined expressions)—
(a)in the first column of the entry relating to the expressions “EEA national” and “EEA state”, at the beginning insert “EEA,”, and
(b)in the second column of the entry relating to the expression “issue of copies to the public” for “section 18(2)” substitute “section 18”.
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