b) The right of distribution under subsection (a) (iv) of this Section does not apply to the original or a
copy of the work that has already been subject to a sale or other transfer or ownership in any
country authorized by the owner of copyright in the work.
c) The right of rental under subsection (a) (v) of this Section does not apply to rental of computer
programs where the program itself is not the essential object of the rental.
§9.7. Moral Rights
a) Independently of the author‟s economic rights, and even after the transfer of the said rights, the
author of a work shall have the following moral rights:
i.
to have his name indicated prominently on the copies and in connection with any public use
of his work, as far as practicable;
ii.
to not have his name indicated on the copies and in connection with any public use of his
work;
iii.
to use a pseudonym;
iv.
to object to any distortion, mutilation or other modification of, or other derogatory action in
relation to his work which would be prejudicial to his/her honor or reputation.
b) Notwithstanding any assignment or sale of the original work, the author of a graphic work, threedimensional work and manuscript shall have a right to share in the proceeds of any sale of that
work or manuscript by public auction or through a dealer whatever the method used by the latter to
carry out the operation.
c) The conditions for the exercise of the right conferred by subsection (b) of this section shall be
determined by Regulations to be made by the Intellectual Property Office established under this
Part.
d) The rights mentioned in subsections (a) and (b) shall not be transmissible during the life of the
author, but the right to exercise any of those rights may be transferred by testamentary disposition
or by operation of law following the death of the author.
§9.8. Fair Use
a) Notwithstanding the provisions of Sections 9.6 and 9.7, the fair use of a copyright work, including
such use by reproduction in copies or sound recordings or by any other means specified by that
section, for purposes such as parody, satire, criticism, comment, news reporting, teaching
(including multiple copies for classroom use), scholarship or research, is not an infringement of
copyright. In determining whether the use made of a work in any particular case is fair use, the
factors to be considered shall include:
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