Commonwealth Numbered Acts

COPYRIGHT (WORLD TRADE ORGANIZATION AMENDMENTS) ACT 1994 No. 149 of 1994 - SECT 4

4. Section 31 of the Principal Act is amended:

   (a)  by adding at the end of subsection (1):

"; and (c) in the case of a literary work (other than a computer program) or a
musical or dramatic work, to enter into a commercial rental arrangement in
respect of the work reproduced in a sound recording; and

   (d)  in the case of a computer program, to enter into a commercial rental
        arrangement in respect of the program.";

   (b)  by adding at the end:

"(3) Paragraph (1)(d) does not extend to entry into a commercial rental
arrangement in respect of a machine or device in which a computer program is
embodied if the program is not able to be copied in the course of the ordinary
use of the machine or device.



"(4) The reference in subsection (3) to a device does not include a device of
a kind ordinarily used to store computer programs (for example, a floppy disc,
a device of the kind commonly known as a CD ROM, or an integrated circuit).



"(5) Paragraph (1)(d) does not extend to entry into a commercial rental
arrangement if the computer program is not the essential object of the rental.



"(6) Paragraph (1)(c) does not extend to entry into a commercial rental
arrangement if:

   (a)  the copy of the sound recording concerned was purchased by a person
        ('the record owner') before the commencement of Part 2 of the
        Copyright (World Trade Organization Amendments) Act 1994; and

   (b)  the commercial rental arrangement is entered into in the ordinary
        course of a business conducted by the record owner; and

   (c)  the record owner was conducting the same business, or another business
        that consisted of, or included, the making of commercial rental
        arrangements of the same kind, when the copy was purchased.



"(7) Paragraph (1)(d) does not extend to entry into a commercial rental
arrangement in respect of a computer program if:

   (a)  the copy of the computer program was purchased by a person ('the
        program owner') before the commencement of Part 2 of the
        Copyright (World Trade Organization Amendments) Act 1994; and

   (b)  the commercial rental arrangement is entered into in the ordinary
        course of a business conducted by the program owner; and

   (c)  the program owner was conducting the same business, or another
        business that consisted of, or included, the making of commercial
        rental arrangements in respect of computer programs, when the copy was
        purchased.".