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NO. 22 OF 2021
Division 4—Commercial rental arrangements in respect of copies bought before 16 April 1998
Copies of computer programs bought before 16 April 1998
528. Section 112(1)(g) (nature of copyright in literary, dramatic and musical works) does not extend to entering into a commercial rental arrangement in respect of a computer program if—
- (a) the copy of the program was bought by a person (X) before 16 April 1998;
- (b) the copy is not an infringing copy;
- (c) the commercial rental arrangement is made in the ordinary course of a business conducted by X; and
- (d) when X bought the copy, X was conducting the same business or another business that involved making commercial rental arrangements in respect of copies of computer programs.
Copies of sound recordings bought before 16 April 1998
529. Section 121(a)(ii) (nature of copyright in sound recordings) does not extend to entering into a commercial rental arrangement in respect of a sound recording if—
- (a) the copy of the recording was bought by a person (X) before 16 April 1998;
- (b) the copy is not an infringing copy;
- (c) the commercial rental arrangement is made in the ordinary course of a business conducted by X; and
- (d) when X bought the copy, X was conducting the same business or another business that involved making commercial rental arrangements in respect of copies of sound recordings.
