DIPLOMATIC CONFERENCE
ON
CERTAIN COPYRIGHT AND NEIGHBORING RIGHTS QUESTIONS

Geneva, December 2 to 20, 1996

AMENDMENT TO ARTICLE 9 OF DRAFT TREATY Nº 1

proposed by the Delegation of Canada

Paragraphs (1) and (2) of Article 9 should be deleted and replaced with the following:

(1) Authors of literary and artistic works shall enjoy the exclusive right of authorizing the commercial rental of the original and copies of their works even after distribution of them by or pursuant to authorization by the author.

(2) Except in the case of computer programs and musical works embodied in phonograms, specific types of works may be excepted from the provisions of paragraph (1) unless the rental of such works has led to widespread copying that materially impairs the exclusive right of reproduction. In the case of computer programs, this obligation does not apply to rentals where the program itself is not the essential object of the rental.

Paragraph (3) of Article 9 should remain unchanged.

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