The Digital Media Project

Name:

Philip Merrill

Affiliation/additional information:

Active Contributor, Pasadena, California

Date submitted:

2004/04/20

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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

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

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

7.

Requirements

DMP shall support the right of rental.

8.

References