orks; and
(iii) works embodied in phonograms as determined in the national law of
Contracting Parties,

shall enjoy the exclusive right of authorizing commercial rental to the
public of the originals or copies of their works.

(2) Paragraph (1) shall not apply:
(i) in the case of computer programs where the program itself is not the
essential object of the rental; and
(ii) in the case of cinematographic works, unless such commercial rental
has led to widespread copying of such works materially impairing the
exclusive right of reproduction.

(3) Notwithstanding the provisions of paragraph (1), a Contracting Party
that, on April 15, 1994, had and continues to have in force a system of
equitable remuneration of authors for the rental of copies of their
works embodied in phonograms may maintain that system provided that the
commercial rental of works embodied in phonograms is not giving rise to
the material impairment of the exclusive rights of reproduction of
authors.

Article 8

Right of Communication to the Public

Without prejudice to the provisions of Articles 11(1)(ii), 11bis(1)(i)
and (ii), 11ter(1)(ii), 14(1)(ii) and 14bis(1) of the Berne Convention,
authors of literary and artistic works shall enjoy the exclusive right
of authorizing any communication to the public of their works, by wire
or wireless means, including the making available to the public of their
works in such a way that members of the public may access these works
from a place and at a time individually chosen by them.

Article 9

Duration of the Protection of Photographic Works In respect of
photographic works, the Contracting Parties shall not apply the
provisions of Article 7(4) of the Berne Convention.

Article 10

Limitations and Exceptions

(1) Contracting Parties may, in their national legislation, provide for
limitations of or exceptions to the rights granted to authors of
literary and artistic works under this Treaty in certain special cases
that do not conflict with a normal exploitation of the work and do not
unreasonably prejudice the legitimate interests of the author.

(2) Contracting Parties shall, when applying the Berne Convention,
confine any limitations of or exceptions to rights provided for therein
to certain special cases that do not conflict with a normal exploitation
of the work and do not unreasonably prejudice the legitimate interests
of the author.

Article 11

Obligations concerning Technologic