| 词条 | Rental Directive | |||||||||
| 释义 |
|type=Directive |number=92/100/EEC |title=Directive on rental right and lending right and on certain rights related to copyright in the field of intellectual property |madeby=Council of the European Union |madeunder=Arts. 57(2), 66 & 100a |OJrefurl= |OJref=L346, 1992-11-27, p. 61 |made=19 November 1992 |commenced=27 November 1992 |implementation=1 July 1994 |CommProp=C53, 1991-02-28, p. 35 C128, 1992-05-20, p. 8 |ESCOpin=C269, 1991-10-14, p. 54 |ParlOpin=C67, 1992-03-16, p. 92 |Reports= |replaces=— |amends=— |amendedby=93/98/EEC, 2001/29/EC |replacedby=2006/115/EC; |status=Repealed }}Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome. It creates a "rental and lending right" as a part of copyright protection, and sets out minimum standards of protection for the related rights of performers, phonogram and film producers and broadcasting organisations. Rental and lending rightThe following rightholders have the exclusive right, subject to limitations, to authorise or prohibit the rental or lending of their works [Art. 2(1)]:
This list is limitative: Portugal has been censured by the European Court of Justice for creating a lending and rental right in favour of videogram producers, as this annulled the exclusive nature of the rights of film producers.{{ref|ECJ-PT1}} The rental and lending right may be transferred, and is presumed to be transferred in film production contracts unless they contain provisions to the contrary [Art. 2(5)]: Member States may extend the presumption to authors and performers. However, even once the rental and lending right is transferred, the author or performer retains an inalienable and unwaivable right to equitable compensation for the rental and lending of their works: this compensation is administered by the collecting societies. Member States may allow a derogation for public lending (i.e. public libraries) provided that authors obtain some royalties [Art. 5(1)]. Member States may also exempt "certain categories of establishments" from the payment of royalties [Art. 5(2)]. These provisions is interpreted strictly: Portugal has been censured for a transposition which effectively exempted all public institutions from payment of royalties,{{ref|ECJ-PT2}} and Belgium for failing to set a rate of remuneration (making its collection impossible).{{ref|ECJ-BE}} Several countries already had Public Lending Right systems. However, the European Commission pointed out in a report in 2002[1] that many of these PLR systems failed to correctly implement the directive. Related rightsThe Directive sets out the minimum rights which Member States must accord to performers, phonogram and film producers and broadcasting organisations (related rights), based closely on the provisions of the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations.{{ref|Rome}} The preamble is clear (para. 20) that Member States may go beyond this minimum protection if they so wish. The fixation right (Art. 6) for performers with respect to their performances and broadcasting organisations with respect to their broadcasts is the exclusive right to authorise or prohibit recording. The reproduction right (Art. 7) is the exclusive right to authorise or prohibit reproduction:
The distribution right (Art. 9) is the exclusive right to make available to the public, for sale or otherwise, subject to the first-sale doctrine:
The fixation right, by its nature, is personal: the reproduction and distribution rights may be transferred, assigned or licensed. Performers have the exclusive right to authorise or prohibit the broadcasting of their live performances, but not of recordings nor of rebroadcasts [Art. 8(1)]. Broadcasting organisations have the exclusive right to authorise or prohibit the rebroadcasting of their broadcasts "by wireless means",{{ref|Cable}} and the communication of their broadcasts to the public in places which charge an entrance fee [Art. 8(3)]. Phonogram producers have the right to an equitable remuneration (which may be fixed by agreement or regulation) if their published recordings are broadcast or played in public: this royalty is shared with the performers [Art. 8(2)]. The limitations on related rights are of the same nature as limitations on copyright. Four possible limitations are explicitly mentioned in Article 10:{{ref|2001–29}}
This article is an almost verbatim copy of Article 15 of the Rome Convention. DurationThe Directive originally fixed minimum periods of protection for the authors' rights and related rights which it created (Arts. 11, 12) in line with the Berne Convention for the Protection of Literary and Artistic Works{{ref|Berne}} and the Rome Convention "without prejudice to further harmonization" in . The further harmonisation came with the Directive harmonising the term of protection of copyright and certain related rights,{{ref|93–98}} which fixed the protection periods across the EU and repealed these two articles.
Implementation{{EU directive implementation|AT=Urheberrechtsgesetznovelle 1993, ''BGBl.'' No. 93/1993, p. 1166 | BE=Loi relative au droit d'auteur et aux droits voisins du 30 juin 1994 | CZ=Law No. 121/2000 Coll. of 7 April 2000 on Copyright, Rights Related to Copyright and on the Amendment of Certain Laws | DK=Act No. 706 of 1998-09-29 HUN= Law No. LXXXVI. of 1999 IE=Copyright and Related Rights Act, 2000 (No. 28 of 2000) | IT=Decree No. 685 of 1994-11-16, ''GU'' Gen. No. 293 of 1994-12-16 }} See also
References1. ^[https://archive.is/20120711133949/http://europa.eu.int/cgi-bin/eur-lex/udl.pl?REQUEST=Seek-Deliver&COLLECTION=com&SERVICE=eurlex&LANGUAGE=en&DOCID=502PC0502&FORMAT=pdf Report from the Commission to the Council, the European Parliament and the Economic and Social Committee on the public lending right in the European Union] (PDF), 16 September 2002
External links
4 : Copyright law of the European Union|European Union directives|1992 in law|1992 in the European Economic Community |
|||||||||
| 随便看 |
|
开放百科全书收录14589846条英语、德语、日语等多语种百科知识，基本涵盖了大多数领域的百科知识，是一部内容自由、开放的电子版国际百科全书。