Copyright and Related Rights Act, 2000

Rental and lending right.

42.—(1) References in this Part to “rental” or “lending” shall be construed as including references to the rental or lending of:

(a) a literary, dramatic or musical work, film or original database;

(b) an artistic work, other than—

(i) a work of architecture in the form of a building or a model for a building, or

(ii) a work of applied art;

(c) a sound recording; or

(d) a typographical arrangement of a published edition,

and shall not include, in the case of a computer program, rentals where the program itself is not the essential object of the rental.

(2) In this Part, subject to subsection (3)

(a) “rental” means making a copy of a work available for use, on terms that it is to be or may be returned after a limited period of time, for direct or indirect economic or commercial advantage, and

(b) “lending” means making a copy of a work available for use, on terms that it is to be or may be returned after a limited period of time, otherwise than for direct or indirect economic or commercial advantage, through an establishment to which members of the public have access.

(3) References in this Part to “rental” or “lending” shall not include the making available of copies of a work for the purposes of—

(a) performing, playing or showing in public, broadcasting or inclusion in a cable programme service,

(b) exhibition in public, or

(c) on the spot reference use.

(4) The making of a copy of a work available between establishments to which members of the public have access shall not infringe the copyright in the work.

(5) For the purpose of this section, where lending by an establishment to which members of the public have access gives rise to a payment the amount of which does not exceed that which is necessary to cover the operating costs of the establishment, there is no direct or indirect economic or commercial advantage.

(6) (a)  There shall be a right of the owner of copyright to rent copies of a work or to authorise others to do so which shall be known and in this Part referred to as the “rental right”.

(b)  There shall be a right of the owner of copyright to lend copies of a work or to authorise others to do so which shall be known and in this Part referred to as the “lending right”.