NDLI: “UsedSoft II” : Copyright Act, Sec. 69(d)(1)

Content Provider	Springer Nature Link
Copyright Year	2014
Abstract	1. If the copyright holder has consented to the downloading of the copy of a computer program from the Internet to a data carrier, the second or any further acquirer of a licence to use this computer program is, pursuant to Sec. 69(d)(1) of the Copyright Act, entitled to reproduce the program if the right to distribute the program copy has been exhausted and the resale of the licence to the purchaser is accompanied by the resale of the program copy downloaded from the copyright holder’s website. a) Exhaustion of the right of distribution requires the copyright holder to have granted his consent in return for payment of a fee that permits him to achieve a remuneration corresponding to the commercial value of the copy of his work; the copyright holder to have granted the first purchaser a right to use the copy without time limit; improvements and updates included in the computer program downloaded by the subsequent purchaser as compared with the computer program downloaded by the first purchaser to be covered by a maintenance contract concluded between the copyright holder and the first purchaser; the first purchaser to have made his copy unusable. b) The resale of the program copy downloaded from the copyright holder’s website does not require the subsequent acquirer to receive a data carrier with the exhausted copy of the computer program; on the contrary, it is sufficient if the subsequent purchaser downloads a copy of the computer program from the copyright holder’s website to his own computer. 2. The party claiming that the reproduction of a computer program pursuant to Sec. 69(d)(1) of the Copyright Act does not require the rightholder’s consent bears the burden of presentation and proof that the preconditions of this provision have been satisfied. 3. The right granted to the subsequent purchaser of the exhausted copy of a computer program by Sec. 69(d)(1) of the Copyright Act to use it in accordance with its intended purpose cannot be excluded by contractual provisions that reserve this right to the first acquirer. 4. What is part of the use of a computer program in accordance with its intended purpose pursuant to Sec. 69(d)(1) of the Copyright Act is determined by the licence contract concluded between the copyright holder and the first acquirer.
Starting Page	595
Ending Page	599
Page Count	5
File Format	PDF
ISSN	00189855
Journal	IIC - International Review of Intellectual Property and Competition Law
Volume Number	45
Issue Number	5
e-ISSN	21950237
Language	English
Publisher	Springer Berlin Heidelberg
Publisher Date	2014-06-27
Publisher Place	Berlin, Heidelberg
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	International IT and Media Law, Intellectual Property Law
Content Type	Text
Resource Type	Article
Subject	Political Science and International Relations Law

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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