1. Authors of
(i) computer programs;
(ii) cinematographic works; 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 right of reproduction of authors.