CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Copyright
Meera Software Pvt Ltd, Bengaluru, owns the copyright in a computer programme. It sells copies of the programme and also offers copies on commercial rental to businesses, where the programme itself is the essential object of the rental. Under Section 14, what is the position of the rental right?
The owner has the exclusive right to sell, or give on commercial rental, or offer for sale or rental, any copy of the computer programme. The only carve-out is where the programme itself is not the essential object of the rental, which is not the case here.
- ACommercial rental is allowed only for cinematograph films
- BCommercial rental is outside the owner's exclusive rights for computer programmes
- COnly the sale right applies, rental needs a Central Government order
- DThe owner has the exclusive right to sell or give on commercial rental, or offer for sale or rental, copies of the programmeCorrect
Explanation
Section 14(b)(ii) gives the owner of a computer programme the exclusive right to sell or give on commercial rental, or offer for sale or rental, any copy. The proviso excludes rental only where the programme is not the essential object of the rental. Here the programme is the essential object, so the right applies.
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