Rental, Lending and Related Rights Directive

Question 1

The holders of the rental and lending right are the authors, principal ___(a)___ of films, ___(b)___ artists, phonogram producers, or producers of films

Answer 1

(a) directors

(b) performing

Question 2

Termination or transfer of right:

1. Where an author or performing artist has transferred or assigned his rental right concerning a phonogram or an original copy of a film, he is to retain the right to obtain a ___(a)___remuneration for the rental. This right cannot be ___(b)___, but its administration can be entrusted to collecting societies representing authors or performing artists
2. Rights may be transferred, assigned or licensed

Answer 2

(a) equitable

(b) waived

Question 3

Basic policy:

1. to fight against ___(a)___ (recital 2)
2. ___(b)___ of authors’ rights and harmonization of rights of related rightholders (recital 3)
3. ___(c)___ to new forms of exploitation (recital 4)

Answer 3

(a) piracy
(b) broadening
(c) adaptation

Question 4

The Rightholders and the Subject Matter:

1. the author in respect of the original and copies of his work
2. the performer in respect of fixations of his performance
3. the phonogram producer in respect of his phonograms
4. the producer of the first fixation of the film in respect of the original and copies of his film

Answer 4

no question

Question 5

Derogation from the exclusive public lending right:

MSs may derogate from the exclusive lending right, provided that at least authors obtain a ___(a)___ for such lending. MSs are free to determine this remuneration taking into account of their cultural promotional objectives. Where there is derogation, there should at least be remuneration , at least, for the authors

Answer 5

(a) remuneration

Question 6

Case: VEWA v. Belgium (Derogation of lending right):

The CJEU interpreted Article 6(1) of Directive 2006/115, which allows Member States to derogate from the exclusive rights provided in respect of “public lending”, provided that authors receive a remuneration. It was held that such remuneration cannot be purely symbolic but it must be determined on the basis of the number of both the works made available and of the users of the public establishment suitable for the lending.

Answer 6

no question

Question 7

Certain categories of institutions might be exempted from the payment of remuneration:

Some cases held that the beneficiaries of the derogation shall not constitute the majority of the relevant institution

Answer 7

no question

Question 8

What is left to the MSs to decide?

1. the amount of remuneration in the case of lending (the remuneration does not have to be ___(a)____)
2. to exempt certain establishments from remuneration requirement (within reason)

Answer 8

(a) equitable