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Document 02006L0116-20111031
Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (codified version)
Consolidated text: Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (codified version)
Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (codified version)
02006L0116 — EN — 31.10.2011 — 001.001
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DIRECTIVE 2006/116/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2006 on the term of protection of copyright and certain related rights (OJ L 372 27.12.2006, p. 12) |
Amended by:
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DIRECTIVE 2011/77/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 September 2011 |
L 265 |
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11.10.2011 |
DIRECTIVE 2006/116/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 12 December 2006
on the term of protection of copyright and certain related rights
(codified version)
Article 1
Duration of authors' rights
Article 2
Cinematographic or audiovisual works
Article 3
Duration of related rights
However,
The rights of producers of phonograms shall expire 50 years after the fixation is made. However, if the phonogram has been lawfully published within this period, the said rights shall expire ►M1 70 ◄ years from the date of the first lawful publication. If no lawful publication has taken place within the period mentioned in the first sentence, and if the phonogram has been lawfully communicated to the public within this period, the said rights shall expire ►M1 70 ◄ years from the date of the first lawful communication to the public.
However, this paragraph shall not have the effect of protecting anew the rights of producers of phonograms where, through the expiry of the term of protection granted them pursuant to Article 3(2) of Directive 93/98/EEC in its version before amendment by Directive 2001/29/EEC, they were no longer protected on 22 December 2002.
Member States shall ensure that phonogram producers are required on request to provide to performers who are entitled to the annual supplementary remuneration referred to in paragraph 2b any information which may be necessary in order to secure payment of that remuneration.
Article 4
Protection of previously unpublished works
Any person who, after the expiry of copyright protection, for the first time lawfully publishes or lawfully communicates to the public a previously unpublished work, shall benefit from a protection equivalent to the economic rights of the author. The term of protection of such rights shall be 25 years from the time when the work was first lawfully published or lawfully communicated to the public.
Article 5
Critical and scientific publications
Member States may protect critical and scientific publications of works which have come into the public domain. The maximum term of protection of such rights shall be 30 years from the time when the publication was first lawfully published.
Article 6
Protection of photographs
Photographs which are original in the sense that they are the author's own intellectual creation shall be protected in accordance with Article 1. No other criteria shall be applied to determine their eligibility for protection. Member States may provide for the protection of other photographs.
Article 7
Protection vis-à-vis third countries
Article 8
Calculation of terms
The terms laid down in this Directive shall be calculated from the first day of January of the year following the event which gives rise to them.
Article 9
Moral rights
This Directive shall be without prejudice to the provisions of the Member States regulating moral rights.
Article 10
Application in time
The first subparagraph of this paragraph shall be without prejudice to any acts of exploitation performed before 1 November 2013. Member States shall adopt the necessary provisions to protect, in particular, acquired rights of third parties.
Article 10a
Transitional measures
Article 11
Notification and communication
Article 12
Repeal
Directive 93/98/EEC is hereby repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law, as set out in Part B of Annex I, of the Directives, and their application.
References made to the repealed Directive shall be construed as being made to this Directive and should be read in accordance with the correlation table in Annex II.
Article 13
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 14
Addressees
This Directive is addressed to the Member States.
ANNEX I
PART A
Repealed Directive with its amendment
Council Directive 93/98/EEC (OJ L 290, 24.11.1993, p. 9) |
Article 11(2) only |
Directive 2001/29/EC of the European Parliament and of the Council (OJ L 167, 22.6.2001, p. 10) |
PART B
List of time-limits for transposition into national law and application
(referred to in Article 12)
Directive |
Time-limit for transposition |
Date of application |
93/98/EEC |
1 July 1995 (Articles 1 to 11) |
19 November 1993 (Article 12) 1 July 1997 at the latest as regards Article 2(1) (Article 10(5)) |
2001/29/EC |
22 December 2002 |
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ANNEX II
Correlation Table
Directive 93/98/EEC |
This Directive |
Articles 1 to 9 Article 10(1) to (4) Article 10(5) Article 11 Article 12 Article 13(1), first subparagraph Article 13(1), second subparagraph Article 13(1), third subparagraph Article 13(2) — — Article 14 — — |
Articles 1 to 9 Article 10(1) to (4) — — Article 11(1) — — Article 11(2) — Article 12 Article 13 Article 14 Annex I Annex II |
( ) Opinion of 26 October 2006 (not yet published in the Official Journal).
( ) Opinion of the European Parliament of 12 October 2006 (not yet published in the Official Journal) and Council Decision of 30 November 2006.
( ) OJ L 290, 24.11.1993, p. 9. Directive as amended by Directive 2001/29/EC of the European Parliament and of the Council (OJ L 167, 22.6.2001, p. 10).
( ) OJ L 346, 27.11.1992, p. 61. Directive as last amended by Directive 2001/29/EC.