Copyright Act 2021 · 2020 Revised Edition · Part 2 · Interpretation
75. What is a commercial rental arrangement relating to a computer program or sound recording
Feedback & supportSubject to subsection (2), a “commercial rental arrangement”, in relation to a computer program or sound recording, is an arrangement with the following features:
commercial rental arrangement
“commercial rental arrangement”, in relation to a computer program or a sound recording, has the meaning given by section 75;
under the arrangement, a copy of the program or recording is made available by a person on terms that it must or may be returned to the person;
the arrangement is made in the course of business;
the arrangement provides for the copy to be made available —
for payment in money or money’s worth; or
as part of the provision of a service in return for payment in money or money’s worth.
An arrangement is not a commercial rental arrangement if —
the arrangement is for the lending of a copy of a computer program or sound recording; and
the amount payable under the arrangement is intended to be no more than —
the amount necessary to recover the costs, including overheads, of the arrangement; or
a deposit to secure the return of the copy.
In deciding whether an arrangement is a commercial rental arrangement, it is the substance and not the form of the arrangement that matters.