Section 20
Section 20
(1)
The issue to the public of copies of a work is an act restricted by the copyright in every description of copyright work.
(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 Brunei Darussalam copies not previously put into circulation in Brunei Darussalam by or with the consent of the copyright owner; and
(b)
the act of putting into circulation outside Brunei Darussalam copies not previously put into circulation in Brunei Darussalam or elsewhere, except that, in relation to sound recordings, films and computer programs, the restricted act of issuing copies to the public includes any rental of copies to the public.
(3)
References in this Part to the issue to the public of copies of a work do not include –
(a)
any subsequent distribution, sale, hire or loan of copies previously put into circulation;
(b)
any subsequent importation of copies previously put into circulation; or
(c)
any rental of copies to the public, except, so far as subsection (2)(a) applies, to putting into circulation in Brunei
Darussalam copies previously put into circulation outside Brunei Darussalam.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
25
BLUV as at 24th December 2013
(4)
References in this Part to the issue to the public of copies of a work include the issue of the original.
Infringement by rental or lending of copies of work to public. [S 92/2013]
The rental or lending of copies of the work to the public is an act restricted by the copyright in –
(a)
a literary, dramatic or musical work;
(b)
an artistic work, other than –
(i)
a work of architecture in the form of a building or a model for a building; or
(ii)
a work of applied art; or
(c)
a film or a sound recording.
(2)
In this Part, subject to subsections (3) to (6) –
“lending” means making a copy of the work available for use, on terms that it will or may be returned, otherwise than for direct or indirect economic or commercial advantage, through an establishment which is accessible to the public;
“rental” means making a copy of the work available for use, on terms that it will or may be returned, for direct or indirect economic or commercial advantage.
(3)
The expressions “rental” and “lending” do not include –
(a)
making available for the purpose of public performance, playing or showing in public or communication to the public;
(b)
making available for the purpose of exhibition in public; or
(c)
making available for on-the-spot reference use.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
26
BLUV as at 24th December 2013
(4)
The expression “lending” does not include making available between establishments that are accessible to the public.
(5)
Where lending by an establishment accessible to the public gives rise to a payment the amount of which does not go beyond what is necessary to cover the operating costs of the establishment, there is no direct or indirect economic or commercial advantage for the purposes of this section.
(6)
References in this Part to the rental or lending of copies of a work include the rental or lending of the original.
Infringement by performance, etc., of work in public.