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Re: a desperate request for licence metadata



(I am not a lawyer, but I play one on TV)

On Wed, Sep 07, 2005 at 05:11:29PM -0700, Thomas Bushnell BSG wrote:
> John Hasler <jhasler@debian.org> writes:

>> Thomas Bushnell writes:
>>> Not quite correct.  You are buing not just the right to read it; you are
>>> also buying the physical copy, and you may do with it what you want: loan
>>> it, rent it...

>> In some jurisdictions lending is an exclusive right of the copyright
>> owner.

> Can you be specific with references please?

As far as commercial rental:

COPYRIGHT ACT 1968 - SECT 31 [1] (Australian)
paragraph 1c (for literary, musical or dramatic works reproduced as sound recordings)
paragraph 1d (for computer programs)
(Subsections 3 through 7 then qualify the above two paragraphs. ^_^)

So not books, but it looks like paragraphs 6a and 7a suggest that "Copyright
(World Trade Organization Amendments) Act 1994" might have required these two
items to be added as part of WTO negotiations...

So it might be more prevalent than first thought. ^_^

In fact, the agreement from the Uruguay WTO round in 1994 on TRIPS [2] Article
11 requires member countries to include commercial rental rights as copyright
on software, and cinematographic works, with exceptions for the latter, and
Article 14 paragraph 4 seems to extend the same rules for cinematographic works
to phonographic works.

And [3] suggests that the US also has such laws regarding computer programs on
the books, and this agreement caused them to remove a sunset clause from them.

[1] http://bar.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s31.html 
[2] http://www.wto.org/english/docs_e/legal_e/27-trips_04_e.htm#1
[3] http://www.ladas.com/BULLETINS/1994/1194Bulletin/US_GATTTRIPSImplementation.html

(Possibly, you meant to refer to books specifically. But I figure this is
relevant to this particular discussion.)

-- 
-----------------------------------------------------------
Paul "TBBle" Hampson, MCSE
8th year CompSci/Asian Studies student, ANU
The Boss, Bubblesworth Pty Ltd (ABN: 51 095 284 361)
Paul.Hampson@Anu.edu.au

"No survivors? Then where do the stories come from I wonder?"
-- Capt. Jack Sparrow, "Pirates of the Caribbean"

License: http://creativecommons.org/licenses/by/2.1/au/
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