Document ID: chunk:federal_register_of_legislation:C2024C00854:section:30a
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 30A
Character Range: 112151–114212

30A  Commercial rental arrangement
 (1) In this Act, the expression commercial rental arrangement, in relation to a work reproduced in a sound recording, signifies an arrangement that has the following features:
 (a) however the arrangement is expressed, it is in substance an arrangement under which a copy of the sound recording is made available by a person on terms that it will or may be returned to the person;
 (b) the arrangement is made in the course of the conduct of a business;
 (c) the arrangement provides for the copy to be made available:
 (i) for payment in money or money's worth; or
 (ii) as part of the provision of a service for which payment in money or money's worth is to be made.
 (2) In this Act, the expression commercial rental arrangement, in relation to a sound recording or a computer program, signifies an arrangement that has the following features:
 (a) however the arrangement is expressed, it is in substance an arrangement under which a copy of the sound recording or computer program is made available by a person on terms that it will or may be returned to the person;
 (b) the arrangement is made in the course of the conduct of a business;
 (c) the arrangement provides for the copy to be made available:
 (i) for payment in money or money's worth; or
 (ii) as part of the provision of a service for which payment in money or money's worth is to be made.
 (3) It is not the intention of the Parliament that a lending arrangement should be regarded as a commercial rental arrangement for the purposes of subsection (1) or (2).
 (4) An arrangement is to be regarded as a lending arrangement if, regardless of the way in which the arrangement is expressed, the true nature of the arrangement is that it is an arrangement for the lending of a copy of a sound recording or computer program under which no amount, other than a deposit to secure the return of the copy, is payable.

Part III—Copyright in original literary, dramatic, musical and artistic works

Division 1—Nature, duration and ownership of copyright in works