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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 right == The following rightholders have the exclusive right, subject to limitations, to authorise or prohibit the rental or lending of their works (): *authors in respect of the original and copies of their works (except buildings and applied art); *performers in respect of fixations of their performance; *phonogram producers in respect of his phonograms; and *producers of the first fixation of films in respect of the original and copies of their films. 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. 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 (): 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 (). Member States may also exempt "certain categories of establishments" from the payment of royalties (). These provisions is interpreted strictly: Portugal has been censured for a transposition which effectively exempted all public institutions from payment of royalties, and Belgium for failing to set a rate of remuneration (making its collection impossible). Several countries already had Public Lending Right systems. However, the European Commission pointed out in a report in 2002〔(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), 2002-09-16〕 that many of these PLR systems failed to correctly implement the directive. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Rental Directive」の詳細全文を読む スポンサード リンク
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