- 33 - to reproduce abroad would facilitate reproduction activity outside the United States. That is not the result intended. The temporary regulation contains four sentences. The first sentence is virtually identical to the language of the statute. It states that intangibles (other than certain copyrights) are not export property. The introductory clause of the second sentence applies the general rule that a copyright is not export property, giving books and computer software as examples of items subject to the general rule (disqualifying intangibles). The second sentence states that a copyrighted article exported without the right to reproduce for external use is export property (so long as the other requirements are met). The third sentence expands upon the second sentence. Read together, the two sentences provide that computer software on any medium (i.e., magnetic tape, punched cards, or disks), if not accompanied by a right to reproduce outside the United States, is export property. By rendering the medium irrelevant, the third sentence distinguishes among copyrights based upon their content. The fourth sentence is identical to the last sentence of section 1.993-3(f)(3), Income Tax Regs. It was therein inserted to address the concern of the sound recording industry that the parenthetical was not written broadly enough to include its industry practices. Specific reference to computer software in the secondPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011