> Re: [LINK] In other news....

[Antony Barry]

On 26/06/2007, at 12:24 PM, Stewart Fist wrote:

> I have no idea what the outcome would be.  I doubt that its even been
> tested.
>
>  Tony might know.


See <http://www.copyright.org.au/information/specialinterest/ 
libraries.htm/?searchterm=lending>

More specifically -

Australian Copyright Council. INFORMATION SHEET G54 Lending items  
protected by copyright February 2006 at <http://www.copyright.org.au/ 
information/G054.pdf>

which says -

> Generally, copyright is not infringed by lending material, since  
> this is not one of the rights reserved to the
> copyright owner.
>
> • However, statements on electronic resources such as software and  
> CD-ROMs limiting the people entitled to
> use the material may in some cases affect the purchaser’s rights to  
> lend the resources.
> • Also, where material has been acquired under licence (for  
> example, publications on CD-ROM or other
> electronic material), or material was donated or sold


and

> What does “lending” mean?
> For copyright purposes, there is a distinction between “lending”  
> and “renting”. This distinction is only relevant in
> relation to computer software, sound recordings and material on or  
> in sound recordings: copyright owners are not
> entitled to control rental of other types of material.
> In essence, “lending” takes place if you allow another person to  
> use the material for a period of time without
> requiring any payment for the loan. If payment is required, the  
> arrangement is a “commercial rental
> arrangement”. Where such arrangements involve sound recordings  
> (such as recorded music, interviews or talking
> books) or computer software (including software in CD-ROMs and  
> computer games), permission from the relevant
> copyright owner is needed.
> If you charge any type of fee (apart from late fees or returnable  
> deposits) for borrowing sound recordings or
> computer software, you may wish to get legal advice on whether the  
> arrangement might be a “commercial rental
> arrangement”, in which case you would need permission from the  
> copyright owners. You may charge as much as
> you like for the right to borrow material other than sound  
> recordings and computer software. We discuss rental of
> software and sound recordings in our information sheet Renting  
> items protected by copyright.

And lots more besides.

Tony

phone : 02 6241 7659 | mailto:me at Tony-Barry.emu.id.au
mobile: 04 1242 0397 | mailto:tony.barry at alianet.alia.org.au
http://tony-barry.emu.id.au