We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Understanding the Computer Software Rental Amendments Act of 1990
Definition & Meaning
The Computer Software Rental Amendments Act of 1990 is a federal law in the United States that was enacted on December 1, 1990. This law prohibits individuals or businesses from leasing, renting, or lending computer software for commercial purposes. It introduced a "rental right" for copyright owners, which is an exception to the "first sale doctrine." This doctrine allows the owner of a legally obtained copy of a work to sell or transfer that copy without needing permission from the copyright holder. Additionally, the Act allows nonprofit libraries to lend software for nonprofit purposes, provided that the software packaging includes a copyright warning.
Table of content
Legal Use & context
This Act is relevant in copyright law, particularly in the context of software distribution and rental practices. It affects software publishers, retailers, and libraries. Users may encounter this law when dealing with software licenses or when considering how to manage software in a library or educational setting. Legal forms may be necessary for compliance or to address issues related to software rental agreements.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A public library lends out software titles to patrons for free, ensuring that the packaging includes a copyright warning, in compliance with the Act.
Example 2: A software company discovers that a local business is renting out copies of its software without permission, violating the Computer Software Rental Amendments Act. The company may pursue legal action to enforce its rights. (hypothetical example)
Relevant laws & statutes
The primary statute related to this term is the Computer Software Rental Amendments Act of 1990. It modifies the Copyright Act of 1976, specifically addressing the limitations on the distribution rights of software owners.
Comparison with related terms
Term
Description
Differences
First Sale Doctrine
A legal doctrine allowing the owner of a copyrighted work to sell or transfer that work without permission.
The Computer Software Rental Amendments Act creates exceptions to this doctrine specifically for software rentals.
Copyright Law
Laws protecting the rights of creators over their original works.
The Act specifically addresses rental rights, which are not typically covered under general copyright law.
Common misunderstandings
What to do if this term applies to you
If you are considering renting or lending software, ensure you understand the restrictions set by the Computer Software Rental Amendments Act. If you are a nonprofit library, verify that you comply with the requirements for lending software. For assistance, explore US Legal Forms' templates for software rental agreements, or consult a legal professional for complex situations.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.