Unión Europea
Derecho de autor y derechos conexos
[Follow-up question] As regards the rental of computer programs and phonograms, can Canada give some guidance (based for instance on case law if available) as to how the criteria "motive of gain" is interpreted?
There is yet no case law because the legislation came into force only on 1 January 1994. Practically speaking, the law's effect has been to put an end to the business of renting our sound recordings and software in Canada. As might be expected, libraries continue to make sound recordings available in terms of public lending. "Motive of gain" is possibly more favourable to the rightholder because it is arguably broader than the TRIPS reference to "commercial". For example, "motive of gain" might catch a charity deciding to rent out sound recordings as a fund-raising exercise.