Directive 2006/116 / EC (term of protection of copyright and related rights)

; Directive 2006/116 / EC
Title:	Directive 2006/116 / EC of the European Parliament and of the Council of December 12, 2006 on the term of protection of copyright and certain related rights
Designation: ; (not official)	Term of Protection Directive
Scope:	EU
Legal matter:	copyright
Procedure overview:	European Commission ; European Parliament ; IPEX Wiki
To be used from:	July 1, 1995
Reference:	OJ L 372 of December 27, 2006, p. 12
Full text	Consolidated version (not official) ; basic version
The regulation must have been implemented in national law.
Please note the information on the current version of legal acts of the European Union !

The Directive 2006/116 / EC (Protection Directive or SchutzdauerRL) regulates the protection of copyright and certain related rights.

Purpose of the policy

The Term of Protection Directive harmonizes the term of protection for every type of work and neighboring property rights in the EU member states

for works to 70 years after the death of the author and
for neighboring property rights of performing artists and manufacturers of sound carriers or films and of broadcasting companies for 50 years after the event triggering the deadline (see Directive 2011/77 / EU (Artists Protection Periods Directive) - now also 70 years),

for critical and scientific editions of works that have become public domain for a maximum of 30 years from the date of the first permitted publication,

for previously unpublished works whose copyright protection has expired, for 25 years from the time at which the work was first legally published for the first time or legally publicly reproduced for the first time ( editio princeps ).

With regard to the protection of photographs, they are protected for 70 years in accordance with Article 1 of the Term Directive, “if they represent individual works in the sense that they are the result of the author's own intellectual creation. No other criteria are to be used to determine their protectability. Member States may provide for the protection of other photographs ”(Article 6).

This directive represents a further legislative harmonization step within the framework of the EC (now EU ) after the adoption of Directive 93/98 / EEC on the harmonization of the term of protection of copyright and Directive 2001/29 / EC on the harmonization of certain aspects of copyright and related rights in the information society. In the meantime, further copyright protection guidelines have been issued (see: Copyright (European Union) ). The Term of Protection Directive is a harmonizing and codifying directive, as it merely changes or supplements Directive 93/98 / EEC and 2001/29 / EC.

All EU copyright directives basically serve to protect authors and to dismantle trade barriers and distortions of competition with regard to copyright within the European internal market . The present guideline has come under fire across Europe, among other things, because the harmonization of the term of protection and the partial extension of works that have already become public domain have been included in the protection in certain member states of the Union (see below: "Criticism").

The Term of Protection Directive does not cover moral rights.

Legal basis

The adoption of this directive was based on

Article 53 (1) TFEU (coordination of the laws and regulations of the EU member states - formerly Article 47 (2 ) ECT )
Article 62 TFEU (reference - formerly Article 55 EC) and
Article 114 TFEU (procedural provision - formerly Article 95 TEC)

supported.

Structure of Directive 2006/116 / EC

Article 1 (duration of copyrights)
Article 2 (cinematographic or audiovisual works)
Article 3 (duration of related rights)
Article 4 (protection of previously unpublished works)
Article 5 (Critical and Scientific Editions)
Article 6 (protection of photographs)
Article 7 (protection in relation to third countries)
Article 8 (calculation of time limits)
Article 9 (moral rights)
Article 10 (applicability in time)
Article 11 (registration and notification)
Article 12 (repeal)
Article 13 (entry into force)
Article 14 (addressees)
APPENDIX I.
- PART A (Directive repealed and amended)
- PART B (Deadlines for transposition into national law and application)
ANNEX II (Correspondence table)

Selected provisions of Directive 2006/116 / EC

Calculation of deadlines

The calculation of the deadlines for the expiry of the term of protection is based on the event following the beginning of the term on January 1st (Article 8 of the Term of Protection Directive). Example: First publication of a work on January 2, 2014, the calculation of the deadline starts on January 1, 2015.

Third country nationals

Authors who are not Union citizens and whose country of origin for the work is a third country will be treated on an equal footing with Union citizens in the context of a protection period comparison or, if the national regulation of the third country is more disadvantageous for Union citizens, not better off. However, the protection periods may not under any circumstances exceed the periods specified in the Term of Protection Directive (no better position for third-country nationals than Union citizens).

Union member states which granted a longer term of protection on October 29, 1993 "in particular because of their international obligations", "may retain this protection until the conclusion of international agreements on the term of protection of copyright or related rights" (Article 7 No. 3 of the Term Directive) .

criticism

See comments on Directive 93/98 / EEC on the harmonization of the term of protection of copyright and the Max Planck Institute's opinion on the Commission's proposal for a directive amending Directive 2006/116 / EC (2008).

Come into effect

Directive 2006/116 / EC codifies the Council Directive 93/98 / EEC and highlights this same time, however, the limits contained in Directive 93/98 / EEC continue to persist. The implementation periods specified in Council Directive 93/98 / EEC and Directive 2001/29 / EC of the European Parliament and of the Council will not be changed by the codified Directive 2006/116 / EC.

literature

Reto M. Hilty among others: Balance of interests in copyright law. Nomos-Verlag, Baden-Baden 2004, ISBN 3-8329-0770-X .
Alexander Peukert : The public domain: concept, function, dogmatics. Mohr Siebeck Verlag, Tübingen 2012, ISBN 978-3-16-151714-3 .
Alexander Peukert: The ancillary copyrights of the performing artist after death. Nomos-Verlag, Baden-Baden 1999, ISBN 3-7890-6248-0 .
Alexander Peukert: Assignment of goods as a legal principle. Mohr Siebeck Verlag, Tübingen 2008, ISBN 978-3-16-151215-5 .
Emese Szilagyi: Ancillary copyright for publishers ?: a factual legal investigation to restore the balance of interests between publishers, authors and the general public. Munich 2011, ISBN 978-3-8316-4018-8 .

Web links

Directive 2006/116 / EC (PDF) ( codified version)
Statement by the Max Planck Institute on the Commission's proposal for a directive amending Directive 2006/116 / EC.

Individual evidence

↑ Official long title: DIRECTIVE 2006/116 / EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of December 12, 2006 on the term of protection of copyright and certain related rights (OJ EU No. L 372, 12 to 18).
↑ See Article 1 of Directive 2006/116 / EC - Works of Literature and Art within the meaning of Article 2 of the Bern Convention . For films or an audiovisual work, the protection according to Article 2 of Directive 2006/116 / EC expires 70 years after the death of the longest-living person, regardless of whether they have been named as co-authors: main director, author of the script, author of the dialogues and composer of the music specially composed for the film or audiovisual work in question.
↑ See Article 3 of Directive 2006/116 / EC.
↑ See Article 1 No. 1 and Recitals 1 and 7 of Directive 2011/77 / EU. Article 1 No. 1 is inserted in Directive 2006/116 / EC as paragraph 7 in Article 1.
↑ See Article 5 of Directive 2006/116 / EC.
↑ See Article 4 of Directive 2006/116 / EC.
↑ See Recital 2 ff in RL 2006/116 / EC.
↑ See Article 10 no. 2 and Recital 10 of Directive 2006/116 / EC.
↑ Article 9 and Recital 20 of Directive 2006/116 / EC.
↑ See Article 7 and Recitals 21 and 22 of Directive 2006/116 / EC.
↑ Article 12 of the Term of Protection Directive.
↑ OJ. L 290 of November 24, 1993, p. 9.
↑ OJ. L 167 of June 22, 2001, p. 10.

[1] Official long title: DIRECTIVE 2006/116 / EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of December 12, 2006 on the term of protection of copyright and certain related rights (OJ EU No. L 372, 12 to 18).

[2] See Article 1 of Directive 2006/116 / EC - Works of Literature and Art within the meaning of Article 2 of the Bern Convention . For films or an audiovisual work, the protection according to Article 2 of Directive 2006/116 / EC expires 70 years after the death of the longest-living person, regardless of whether they have been named as co-authors: main director, author of the script, author of the dialogues and composer of the music specially composed for the film or audiovisual work in question.

[3] See Article 3 of Directive 2006/116 / EC.

[4] See Article 1 No. 1 and Recitals 1 and 7 of Directive 2011/77 / EU. Article 1 No. 1 is inserted in Directive 2006/116 / EC as paragraph 7 in Article 1.

[5] See Article 5 of Directive 2006/116 / EC.

[6] See Article 4 of Directive 2006/116 / EC.

[7] See Recital 2 ff in RL 2006/116 / EC.

[8] See Article 10 no. 2 and Recital 10 of Directive 2006/116 / EC.

[9] Article 9 and Recital 20 of Directive 2006/116 / EC.

[10] See Article 7 and Recitals 21 and 22 of Directive 2006/116 / EC.

[11] Article 12 of the Term of Protection Directive.

[12] OJ. L 290 of November 24, 1993, p. 9.

[13] OJ. L 167 of June 22, 2001, p. 10.