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Transfer of copies of work in electronic form.
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86.—(1) This section applies where a copy of a work in electronic form has been purchased on terms which expressly or impliedly allow the purchaser to copy the work, or to adapt it or make copies of an adaptation, in connection with his or her use of the work.
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(2) Where there are no express terms—
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(a) prohibiting the transfer of the copy by the purchaser, imposing obligations which continue after a transfer, prohibiting the assignment of any licence or terminating any licence on a transfer, or
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(b) providing for the conditions on which a transferee may undertake the acts which the purchaser was permitted to undertake,
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then, any acts which the purchaser was permitted to undertake may also be undertaken by a transferee without infringement of the copyright, but any copy or adaptation or copy of an adaptation made by the purchaser which is not also transferred shall be treated as an infringing copy for those purposes and for all subsequent purposes.
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(3) Subsection (2) applies where the original purchased copy is no longer usable and that which is transferred is a further copy used in its place.
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(4) This section shall apply on a second and subsequent transfer in like manner as to the first transfer to a purchaser and references to the purchaser shall be construed as references to a second or subsequent transferee.
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Miscellaneous Matters Relating to Copyright
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