The Digital Media Project

Source

Philip Merrill

Title

TRU #60 of rental

No.

040420merrill08

 

Name:

Philip Merrill

Affiliation/additional information:

Active Contributor, Pasadena, California

Date submitted:

2004/04/20

 

#

Criteria

Description

1.

Name of TRU

TRU of rental

2.

Summary description of TRU

the (restrictive) rental right is retained by the author as a form of TRU distribution requiring permission, applying to commercial transactions; usually carried out including stated and implied licenses with the end-user; this TRU only applies to some nations

3.

Use records of TRU

This treatment relies on Paul Goldstein's books Copyright's Highway (GCH) and International Copyright (GIC) as well as Sam Ricketson's WIPO Study on Limitations and Exceptions of Copyright and Related Rights in the Digital Environment (R).

It appears TRU lending and TRU rental are both commonly used in order for creators to collect "equitable remuneration" under national compulsory licensing. However it also seems that these are not only used that way.

Rental suggests a collection that is distinctly individual as opposed to public, so that one imagines a business or a less formal nominal fee respecting fixed media that will be removed from the premises for a limited amount of time or else removed from the distribution area for consumption elsewhere on the premises, for example in a cubicle.

4.

Nature of TRU

Examples of treaty references to TRU rental include WIPO Copyright Treaty Article 7 applied to computer programs, movies and audio recordings (GIC 2.I.2.3), and WIPO Performances and Phonograms Treaty (for audio, not applicable to literary and artistic works) Articles 9 and 13 (GIC 2.2.3). TRU rental is also treated by the 1992 E.C. Directive 92/100/EEC "on rental right and lending right and on certain rights related to copyright in the field of intellectual property". Note particularly the Directive's recommendation that these rights "not be exercised…in a way which is contrary to the rule of media exploitation chronology as recognized in the Judgment handed down in Societe Cinetheque v. FNCF" (decision online) — first movie theaters then videotapes then broadcast television (comparable but more flexible digital media distribution chronologies could be important for DMBM design).

5.

Benefits of TRU

Right-holder

6.

Possible digital support

Rental support more or less presumes support for various contracts and licensing, but specifically may demand definition of a spectrum or menu of rental options. For example, an author might consider whether to choose to release his rental rights along several conventional channels, or else independently through personal means, choosing to make these rental-format selections either exclusive or non-exclusive, or for different durations of time, or only for selected regional areas.

Ecommerce rental support has been partially solved by many Web-based DMBMs.

7.

Requirements

DMP shall support the right of rental.

8.

References