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Rental and lending right.
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42.—(1) References in this Part to “rental” or “lending” shall be construed as including references to the rental or lending of:
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(a) a literary, dramatic or musical work, film or original database;
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(b) an artistic work, other than—
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(i) a work of architecture in the form of a building or a model for a building, or
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(ii) a work of applied art;
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(c) a sound recording; or
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(d) a typographical arrangement of a published edition,
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and shall not include, in the case of a computer program, rentals where the program itself is not the essential object of the rental.
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(2) In this Part, subject to subsection (3)—
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(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
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(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.
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(3) References in this Part to “rental” or “lending” shall not include the making available of copies of a work for the purposes of—
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(a) performing, playing or showing in public, broadcasting or inclusion in a cable programme service,
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(b) exhibition in public, or
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(c) on the spot reference use.
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(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.
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(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.
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(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”.
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(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”.
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