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Rental right and lending right
The directive harmonises the legal situation regarding rental right, lending right and certain related rights, so as to provide a greater level of protection for literary and artistic property. It asks the Member States to provide for the right to authorize or prohibit the rental and lending of originals and copies of copyright works. It determines who holds these rights and lays down certain procedures for exercising them.
Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (codified version).
Member States are to provide a right to authorize or prohibit the rental and lending of originals and copies of copyright works. "Rental" means making available for use, for a limited period of time and for direct or indirect economic or commercial advantage; "lending" means making available for use, for a limited period of time and not for direct or indirect economic or commercial advantage, when it is made through establishments which are accessible to the public.
Owners of right
The holders of the rental right and lending right are the authors, including the principal directors of films, performing artists, phonogram producers or producers of films. The transfer of the rights of performing artists appearing in films is governed by special rules.
Termination or transfer of right
Where an author or performing artist has transferred or assigned his rental right concerning a phonogram or an original or copy of a film, he is to retain the right to obtain an equitable remuneration for the rental. This right cannot be waived, but its administration may be entrusted to collecting societies representing authors or performing artists.
Derogation to lending right
Member States may derogate from the exclusive lending right, provided that at least authors obtain a remuneration for such lending. Member States are free to determine this remuneration taking account of their cultural promotion objectives. Where they derogate from the exclusive lending right as regards phonograms, films and computer programs, they are to introduce, at least for authors, a remuneration.
Neighbouring rights to copyright
As regards rights related to copyright, Member States shall provide for performing artists, producers of phonograms and films, and broadcasting organizations exclusive rights of fixation, reproduction and distribution. Rental, lending, distribution and reproduction rights are presumed to have been assigned in certain circumstances.
Member States are to provide an exclusive right of broadcasting and communication to the public for performing artists in respect of their live performances. The broadcasting or communication to the public of a phonogram published for commercial purposes is to entitle the performing artists and producers to remuneration. Broadcasting organizations are to have an exclusive right to authorize or prohibit the rebroadcasting and communication to the public of their broadcasts where they take place in public areas and an entrance fee is paid. Member States are to provide for performing artists, phonogram producers, producers of the first fixations of films and broadcasting organizations an exclusive right to make available to the public fixations of their performances, their phonograms, the original and copies of their films and fixations of their broadcasts. This distribution right is exhausted within the Community where the first sale of these objects is made by the rightholder or with his consent.
Member States may provide for limitations to related rights in respect of private use, use of short excerpts or certain other uses.
Protection of copyright-related rights under the Directive must in no way affect the protection of copyright.
|Act||Entry into force||Deadline for transposition in the Member States||Official Journal|
|Directive 2006/115/EC||16.1.2007||1.7.1994 for provisions of 92/100/ECC (repealed)|
30.6.1995 for provisions of Directive 93/98/EEC (repealed)
21.12.2002 for provisions of Directive 2001/29/EC (repealed)
|OJ L 376 of 27.12.2006|