Directive 2006/115 - Rental right and lending right and on certain rights related to copyright in the field of intellectual property (codified version) - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
Contents
official title
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)| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2006/115 |
| Original proposal | COM(2006)226  |
| CELEX number i | 32006L0115 |
| Document | 12-12-2006 |
|---|---|
| Publication in Official Journal | 27-12-2006; OJ L 376, 27.12.2006,Special edition in Croatian: Chapter 17 Volume 001,Special edition in Romanian: Chapter 17 Volume 003,Special edition in Bulgarian: Chapter 17 Volume 003 |
| Effect | 16-01-2007; Entry into force Date pub. + 20 See Art 15 |
| End of validity | 31-12-9999 |
| Transposition | 01-07-1994; At the latest See Art 14 |
27.12.2006 |
EN |
Official Journal of the European Union |
L 376/28 |
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)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 47(2), 55 and 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),
Whereas:
(1) |
Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Directive should be codified. |
(2) |
Rental and lending of copyright works and the subject matter of related rights protection is playing an increasingly important role in particular for authors, performers and producers of phonograms and films. Piracy is becoming an increasing threat. |
(3) |
The adequate protection of copyright works and subject matter of related rights protection by rental and lending rights as well as the protection of the subject matter of related rights protection by the fixation right, distribution right, right to broadcast and communication to the public can accordingly be considered as being of fundamental importance for the economic and cultural development of the Community. |
(4) |
Copyright and related rights protection must adapt to new economic developments such as new forms of exploitation. |
(5) |
The creative and artistic work of authors and performers necessitates an adequate income as a basis for further creative and artistic work, and the investments required particularly for the production of phonograms and films are especially high and risky. The possibility of securing that income and recouping that investment can be effectively guaranteed only through adequate legal protection of the rightholders concerned. |
(6) |
These creative, artistic and entrepreneurial activities are, to a large extent, activities of self-employed persons. The pursuit of such activities should be made easier by providing a harmonised legal protection within the Community. To the extent that these activities principally constitute services, their provision should equally be facilitated by a harmonised legal framework in the Community. |
(7) |
The legislation of the Member States should be approximated in such a way as not to conflict with the international conventions on which the copyright and related rights laws of many Member States are based. |
(8) |
The legal framework of the Community on the rental right and lending right and on certain rights related to copyright can be limited to establishing that Member States provide rights with respect to rental and lending for certain groups of rightholders and further to establishing the rights of fixation, distribution, broadcasting and communication to the public for certain groups of rightholders in the field of related rights protection. |
(9) |
It is necessary to define the concepts of rental and lending for the purposes of this Directive. |
(10) |
It is desirable, with a view to clarity, to exclude from rental and lending within the meaning of this Directive certain forms of making available, as for instance making available phonograms or films for the purpose of public performance or broadcasting, making available for the purpose of exhibition, or making... |
More
This text has been adopted from EUR-Lex.
This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.
This page is also available in a full version containing the summary of legislation, the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand, the related cases of the European Court of Justice and finally consultations relevant to the dossier at hand.
The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.
The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.