Directive 2006/115 / EC (Rental and Lending Directive)

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Directive 2006/115 / EC

Title: Directive 2006/115 / EC of the European Parliament and of the Council of December 12, 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property
Designation:
(not official) 		Rental and Lending Policy
Scope: EEA
Legal matter: copyright
Basis: EC Treaty , in particular Article 47 paragraph 2 , Article 55 and Article 95
Procedure overview: European Commission
European Parliament
IPEX Wiki
To be
implemented in national law by: 		July 1, 1994
Reference: OJ L 376 of December 27, 2006, pp. 28-35
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 2006/115 / EC , known as the Rental and Lending Directive replaces Directive 92/100 / EEC on the harmonization of rules on rental and lending by copyright protected works and by related rights protected subject matter in the European Union . The first rental and lending directive was passed on November 19, 1992 by the Council of the European Community (then still European Economic Community, EEC ). Directive 92/100 / EEC was later replaced by Directive 2006/115 / EC of December 12, 2006, which came into force on January 16, 2007.

Purpose of the regulations

The standardized rules should generally serve to remove trade barriers and distortions of competition within the European internal market . Specifically, the copyright and ancillary copyright law in the member states should be adapted to the technical progress in the use of protected works and the rights holders should be protected from piracy . Authors and performing artists should be economically protected by a uniform level of protection. At the same time, the often risky investments made by sound carrier and film manufacturers should be protected from exploitation. This was based on the one hand on the idea of ​​promoting cultural or creative services, on the other hand the recognition that the services provided by authors, performing artists and the rest of the creative industries are services within the meaning of the EC Treaty for which a "Community-wide harmonized legal framework “Had become indispensable.

Structure of Directive 2006/115 / EC

  • CHAPTER I (RENTAL AND LENDING RIGHTS)
    • Article 1 (purpose of regulation)
    • Article 2 (definitions)
    • Article 3 (right holder and object of rental and lending right)
    • Article 4 (rental of computer programs)
    • Article 5 (Indispensable right to fair remuneration)
    • Article 6 (exception to the exclusive public lending right)
  • CHAPTER II (PROPERTY RIGHTS RELATED TO COPYRIGHT RIGHTS)
    • Article 7 (right to record)
    • Article 8 (public broadcasting and communication)
    • Article 9 (distribution right)
    • Article 10 (limitation of rights)
  • CHAPTER III (COMMON PROVISIONS)
    • Article 11 (applicability in time)
    • Article 12 (relationship between copyright and related rights)
    • Article 13 (communication)
    • Article 14 (repeal)
    • Article 15 (entry into force)
    • Article 16 (addressees)
  • APPENDIX I.
    • PART A (Repealed Directive and its subsequent amendments)
    • PART B (Deadlines for transposition into national law)
  • ANNEX II (CORRELATION TABLE)

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