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ARTICLE · 15 OCTOBER 2010

Whither Rental Rights? (Mexico)

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International copyright law has embraced the question of whether copyright owners-or neighbouring rights holders- should be entitled to rental rights and, if so, whether said rights should be rendered as exclusive or remunerative.

MexicoIntellectual Property

Whither Rental Rights?

International copyright law has embraced the question of whether copyright owners-or neighbouring rights holders- should be entitled to rental rights and, if so, whether said rights should be rendered as exclusive or remunerative. Answers have been discussed in international and regional treaties as well as in most countries' national systems, but these issues remain open.

Under copyright theories, distribution has been regarded as the spreading or dissemination of works embedded in originals or in multiple copies through commercial or non-commercial means. Accordingly, the copyright holder makes the work accessible to the public, for trade or other purposes, regardless of whether the corresponding copies are ultimately acquired or not. Also, distribution entails any activities associated with the offering of the copies, such as their storage or transportation.

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