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Distribution right.
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41.—(1) References in this Part to the issue of copies of a work to the public shall be construed as including:
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(a) the act of putting into circulation in a Member State of the EEA copies not previously put into circulation in a Member State of the EEA by or with the licence of the copyright owner; or
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(b) the act of putting into circulation outside the Member States of the EEA copies not previously put into circulation in a Member State of the EEA or elsewhere.
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(2) Without prejudice to the rental right or the lending right, references in this Part to the issue of copies of a work to the public shall not include:
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(a) any subsequent circulation of copies previously put into circulation; or
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(b) any subsequent importation of such copies into the State or any other Member State of the EEA,
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except in so far as subsection (1)(a) applies to putting into circulation in the Member States of the EEA copies previously put into circulation outside the Member States of the EEA.
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(3) References in this section to “circulation” shall include sale, rental or loan.
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(4) There shall be a right of the owner of copyright to issue copies of a work to the public or to authorise others to do so which shall be known and in this Part referred to as the “distribution right”.
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