Rental, lending and certain other rights related to copyright in the field of intellectual property

The directive harmonises the legal situation regarding rental right, lending right and certain related rights, so as to provide a greater level of protection for literary and artistic property. It requires EU countries to have laws on the right to authorise or prohibit the rental and lending of originals and copies of copyright works. It determines who holds these rights and lays down certain procedures for their exercise.

ACT

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).

SUMMARY

EU countries must introduce laws granting the right to authorise or prohibit the rental and lending of originals and copies of copyright works.

• Rental means making available for use, for a limited period of time and for direct or indirect economic or commercial advantage.
• Lending means making available for use, for a limited period of time and not for direct or indirect economic or commercial advantage, when it is made through establishments which are accessible to the public.

Owners of right

The holders of rental and lending rights are the authors, including the principal directors of films, performers, phonogram producers or film producers. The transfer of the rights of performers appearing in films is governed by special rules.

Termination or transfer of right

Where an author or performer has transferred or assigned his rental right concerning a phonogram or an original or copy of a film, he retains the right to be paid an equitable amount for its rental. This right cannot be waived. However, its administration may be delegated to collecting societies representing authors or performing artists.

Derogation to lending right

EU countries may derogate from the exclusive lending right, provided that at least authors obtain payment for such lending. EU countries are free to determine this payment taking account of their cultural promotion objectives.

Neighbouring rights to copyright

As regards rights related to copyright, EU countries must ensure that performers and broadcasting organisations are granted exclusive rights of fixation. EU countries must ensure that performers have the exclusive right of broadcasting and communicating to the public for in respect of their live performances. The broadcasting or communication to the public of a phonogram published for commercial purposes entitles performers and producers to remuneration. Broadcasting organisations have the exclusive right to authorise or prohibit the rebroadcasting of their broadcasts, as well as the communication to the public of their broadcasts if it takes place in public areas and an entrance fee is paid.

EU countries must ensure that performers phonogram producers, producers of the first fixations of films and broadcasting organisations have an exclusive right to make available to the public, by sale or otherwise, fixations of their performances, their phonograms, the original and copies of their films and fixations of their broadcasts. This distribution right is exhausted within the EU where the first sale of these objects is made either by the right holder or with his consent.

EU countries may provide for limitations to related rights in respect of private use, use of short excerpts or certain other uses.

Protection of copyright-related rights under the directive must in no way affect the protection of copyright.

RELATED ACTS

Directive 2014/26/EU of the European Parliament and of the Council on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market [Official Journal L 84 of 20.3.2014].

This directive aims to enable online service providers to obtain licenses for cross-border music services from collective management organisations operating across EU borders. It should also increase transparency and efficiency in the functioning of copyright collective management organisations.

Last updated: 16.06.2014