Abstract

The article discusses agreement for rental of a computer program or its digital copy. Starting from the letter of the copyright law, then using systemic and teleological interpretation, the authors come to the conclusion that the legislator does permit conclusion of agreements for rental of computer programs. Such a contract should be principally structured by applying by analogy the provisions of the Civil Code governing rental agreements. On the other hand, the authors reject the concept of renting a digital copy of a computer program. The model of an agreement for rental of a computer program may prove useful as an instrument for IT implementation contracts reconciling the interests of the ordering parties and providers by securing a legal title for a long-term use of the rented software to the ordering party while letting the provider retain the rights to their proprietary IT solutions.