— 19 — and transmitted by the appellant in this way as constituting an electronic copy (transient or otherwise) of the protected works. 50. It appears clear that the view expressed in the textbook is heavily conditioned by the limited scope of the distribution right stipulated by the applicable European Directive.16 Thus, Recital (28) of the Directive makes it clear that the exclusive right to control distribution of a work receiving harmonised protection was limited to works “incorporated in a tangible article.” This echoes the level of protection agreed to by the contracting parties to the WIPO Treaty. But, as previously stated, the minimum level of protection accepted by States at the international or Community level does not constrain the proper construction of our domestic legislation. 51. It is against this background that §A34A.21 of the textbook should be read. It states: “What the framers of the Act (and of the European Directive to which it must conform) had in mind was that the copies themselves should travel through appropriate trade channels. But this is not what happens on the Internet. It should be emphasised that, for something to be a “copy”, it must be a material entity which embodies the content of the work, or at least a substantial part thereof. That work, or part, must be capable of being found in that material entity at a given point in time ... This is not what happens on the Internet either.” 52. The learned authors were therefore expounding the position adopted in Recital 28 of the Directive. They were postulating a construction of 16 Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (usually referred to as the Information Society Directive). Recital (28) states: “Copyright protection under this Directive includes the exclusive right to control distribution of the work incorporated in a tangible article. ...” Article 4 states: “(1) Member States shall provide for authors in respect of the original of their works or of copies thereof, the exclusive right to authorise or prohibit any form of distribution to the public by sale or otherwise. (2) The distribution right shall not be exhausted within the Community in respect of the original or copies of the work, except where the first sale or other transfer of ownership in the Community of that object is made by the rightholder or with his consent.”