The so-called right to rent works, according to Article 10, Paragraph 7, of the Copyright Law, refers to the author or other copyright owner’s right to license others to temporarily use film works and works created by similar filmmaking methods. Rights in computer software, except where the computer software is not an essential subject of the lease.
Relevant basis
The subject of the right to rent a work is the copyright owner, which includes both the author and the person who has obtained the right to rent the work in accordance with the law, such as the author’s heirs and the person who obtained the right to rent through contract transfer .
The right to rent works is a kind of copyright property right. Its object is the work rather than the carrier of the work. According to the provisions of Article 10, Paragraph 7 and Article 41 of the Copyright Law, it is limited to film works and Works, computer software and audio and video works created using methods similar to filmmaking. Regarding the object of the rental right, some people think that it is the carrier of the work. The carrier of the work is the object used to fix and spread the work, such as books and CDs, which are the objects of ownership.
The content of copyright, according to the provisions of Article 10, Paragraph 7, Article 41, Article 46 and Article 52 of the Copyright Law, can be summarized as follows:
1. Copyright owner The right to rent copies of his works.
2. Copyright owners have the right to license others to rent copies of their works. No one may rent copies of their works without the permission of the copyright owner, unless otherwise provided by law.
3. The copyright owner has the right to receive certain remuneration from the person who rents the copy.
As the legal purchaser of a copy of a work, the lessor has the right to use and rent the copy and receive a certain remuneration according to the principles of traditional property law theory, and others have no right to interfere. The right to rent works seems to limit property rights and is caused by mandatory provisions of the law. In fact, this is not the case. The existing civil law theory can provide a solid legal backing for legislation. There is a profound theoretical foundation for granting the copyright owner the right to lease.
The reason why copyright owners are given the right to lease is because a copy of a work is a dual combination of the work and the carrier. When a lessor rents a copy of a work, he is essentially leasing the work attached to the carrier. The owner of a work, the copyright owner, therefore has the right to prohibit others from leasing copies of his work.
First of all, the copy of the work is a dual combination of the work and the carrier. As the carrier of the expression of the work, it is by no means the work itself. The copy of the work itself is not just a single physical object, but also the carrier of the work. , although it is not the work itself, it contains the work, and the work and the carrier are inseparable. On the one hand, as a kind of spiritual product, the work is intangible in space, cannot be touched, heard or seen. It cannot be perceived by itself. It can only be perceived if it is attached to a certain carrier. A work without a carrier cannot objectively exist in the world, and it is impossible to talk about the existence of the work. On the other hand, the carrier is also inseparable from the work. Without the work, a single carrier cannot constitute a copy of the work, only ordinary manuscript paper, plastics and other objects are left.
Secondly, when a lessor rents a copy of a work, it is essentially leasing the work. A copy of a work is a dual combination of the work and the carrier. When a lessor rents out a copy of a work, he does not rent out the carrier alone, but also rents out the work together. Moreover, both the lessor and the lessee agree to rent the work. The lessor rents a copy of the work on the premise that the work is attached to the carrier, and the lessee rents a copy of the work for the purpose of appreciating the work.
Thirdly, purchasers of copies of works have no right to rent the works. Generally speaking, rental rights are not subject to the exhaustion principle. In other words, after the copies are sold with the consent of the copyright owner, the copyright owner still has the right to rent these copies. As for the purchaser, he legally purchases a copy of the work, enjoys the ownership of the medium according to law, and obtains the right to appreciate the work. However, he does not obtain the copyright to the work by purchasing a copy of the work. Without permission, it has no right to dispose of the work in any way, including leasing the work.
Therefore, purchasers of copies of works have no right to rent copies of works, and copyright owners have the right to prohibit others from renting copies of their works.