Directive 92/100 / EEC (Rental and Lending Directive)

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Directive 92/100 / EEC

Title: Council Directive 92/100 / EEC of November 19, 1992 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: EEC Treaty , in particular Article 57 (2) , Article 66 and Article 100a
Procedure overview: European Commission
European Parliament
IPEX Wiki
Replaced by: Directive 2006/115 / EC
Expiry: January 15, 2007
Reference: OJ L 346 of November 27, 1992, pp. 61-66
Full text Consolidated version (not official)
basic version
Regulation has expired.
Please note the information on the current version of legal acts of the European Union !

The Directive 92/100 / EEC , regulated rental and lending rights copyright protected works and rights related to copyright in the field of intellectual property in the then European Economic Community (EEC), now European Union (EU).

This directive was the second legislative harmonization step within the framework of the EEC after the adoption of Directive 91/250 / EEC for the protection of computer programs of May 14, 1991 - see also: Copyright (European Union) . The next legislative step at Community level was then Directive 93/83 / EEC (Satellite and Cable Directive) .

Directive 92/100 / EEC was replaced by Directive 2006/115 / EC of December 12, 2006, which came into force on January 16, 2007.

Purpose of the regulations

The two directives 91/250 / EEC and 92/100 / EEC and the relevant directives subsequently issued serve to remove barriers to trade and distortions of competition with regard to copyright within the European internal market . With Directive 92/100 / EEC, harmonized regulations were created in the EEC for the granting of appropriate remuneration for authors or performing artists as well as the protection of the rights of film and sound carrier manufacturers and broadcasting companies. The author or performing artist can no longer waive the right to an appropriate remuneration for the rental (Art 4 Para. 2 of Directive 92/100 / EEC).

“Renting” and “lending” within the meaning of Directive 92/100 / EEC are only certain forms of leasing. The following do not fall under Directive 92/100 / EEC (examples):

  • the transfer of sound carriers and films (films or motion pictures with or without audio) for public screening or broadcasting,
  • the transfer for exhibition purposes or for inspection on the spot,
  • the transfer between facilities open to the public.
  • Rental and lending rights to buildings and works of applied art (Art 2 Para. 3 of Directive 92/100 / EEC),
  • Rental of computer programs (Art 3 of Directive 92/100 / EEC),
  • further exceptions which are expressly provided by the member states (Art 10 RL 92/100 / EEC) and
  • private use (Art. 10 para. 1 lit. a and para. 3 of Directive 92/100 / EEC).

Letting in the sense of RL 92/100 / EEC is " the temporary transfer of use for direct or indirect economic or commercial benefit (Art 1 Para. 2 of RL 92/100 / EEC). Lending, however, is the temporary transfer of use which is not a direct or indirect economic or commercial benefit and is carried out by facilities accessible to the public (Art 1, Paragraph 2 of Directive 92/100 / EEC). The Community-wide (today: Union-wide) principle of exhaustion is in Art. 9, Paragraph 2 of Directive 92/100 / EEC regulated.

Structure of Directive 92/100 / EEC

  • CHAPTER I (RENTAL AND LENDING RIGHTS)
    • Article 1 (purpose of regulation and terms)
    • Article 2 (right holder and subject of rental and lending right)
    • Article 3 (rental of computer programs)
    • Article 4 (Indispensable right to fair remuneration)
    • Article 5 (exception to the exclusive public lending right)
  • CHAPTER II (RELATED PROPERTY RIGHTS)
    • Article 6 (right to record)
    • Article 7 (right of reproduction)
    • Article 8 (public broadcasting and communication)
    • Article 9 (distribution right)
    • Article 10 (limitation of rights)
  • CHAPTER III (TERM OF PROTECTION)
    • Article 11 (duration of copyrights)
    • Article 12 (duration of related rights)
  • CHAPTER IV (COMMON PROVISIONS)
    • Article 13 (applicability in time)
    • Article 14 (relationship between copyright and related rights)
    • Articles 15 and 16 (final provisions)

Implementation and repeal of Directive 92/100 / EEC

The scope of the original Directive included “all works, performances, phonograms, broadcasts and first-time recordings of films which are still protected by, or are entitled to, national copyright and related rights legislation on July 1, 1994 meet the protection criteria within the meaning of this directive at this point in time "(Article 13 (1) of the directive). The member states had to implement the requirements of the original directive into national law by July 1, 1994. In Germany, Directive 92/100 / EEC was transposed into national law in June 1995. After infringement proceedings against Ireland (1998), the United Kingdom (2001), Denmark and Belgium (2002), the European Commission found in its report on implementation in 2002 that some of the member states did not meet the requirements of the 1992 directive at all , or implemented them inadequately. Although the level of protection had improved overall, there were still numerous different regulations in place in the member states. In addition, the guideline was in some cases already outdated due to further technical progress or did not provide a legal framework for numerous online services that had been created in the meantime. After various changes, the Council decided to repeal the original directive and adopt a new codified version of the rental and lending directive.

See also

Web links

Individual evidence

  1. ↑ Official long title: DIRECTIVE 92/100 / EEC OF THE COUNCIL of 19 November 1992 on rental right and lending right as well as on certain rights related to copyright in the field of intellectual property (OJ EEC No. L 346, 61 to 66).
  2. ↑ These are e.g. E.g .: the right to record, the right to reproduce, the right to broadcast and reproduce publicly and the right of distribution.
  3. ↑ The aim of the Satellite and Cable Directive is to harmonize national copyright law with regard to cross-border broadcasts via cable or satellite . See also the report of the Commission on the application of Directive 93/83 / EEC , COM (2002) 430 final of 26 July 2002.
  4. ↑ See the first three recitals and the last recital in Directive 92/100 / EEC.
  5. ↑ This serves to protect the authors or artists, as there is usually a power imbalance to the disadvantage of the author or artist compared to professional exploiters of copyrights. The author or performing artist can, however, transfer the exercise of this right to appropriate remuneration to a collecting society (Art 4 Para. 3 of Directive 92/100 / EEC).
  6. ↑ Examples: see the twelfth recital of Directive 92/100 / EEC.
  7. ↑ http://www.urhebrecht.org/law/normen/urhg/1995-06-23/text/bgbl_I_842_00_00.php3
  8. ^ Report from the Commission to the Council, the European Parliament and the Economic and Social Committee on the lending right in the European Union