IP/N/1/EU/C/3  
 
15 April 2013  
(13-1964)  Page: 1/10  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
EUROPEAN UNION 
This document reproduces the text1 of 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 (cod ified version), as notified by the European Union 
on 20 March 2013 under Article 63.2 of the Agreement (see document IP/N/1/EU/1). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
U
NION EUROPÉENNE  
Le présent document contient le texte1 de la Directive 2006/115/CE du Parlement européen et du 
Conseil du 12 décembre 2006 relative au droit de location et de prêt et à certains droits voisins du droit d’auteur dans le domaine de la propriété intellectuelle (version codifiée), notifiée par l'Union 
européenne le 20 mars 2013 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/EU/1).  
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio 
  
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
U
NIÓN EUROPEA  
En el presente documento se reproduce el texto1 de la Directiva 2006/115/CE del Parlamento 
Europeo y del Consejo, de 12 de diciembre de 2006, sobre derechos de alquiler y préstamo y otros derechos afines a los derechos de autor en el ámbito de la propiedad intelectual (versión 
codificada), notificado por la Unión Europea el 20 de marzo de 2013 en virtud de lo dispuesto en el 
párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/EU/1).  
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/EU/C/3 
 
- 2 - 
 
  PP 3-10 - Offset (Pdf file attached) 
PP 3 à 10 - Offset (fichier Pdf joint) PP 3-10 - Offset (fichero Pdf adjunto) 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)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,
Having regard to the Treaty establishing the European Commu-
nity, and in particular Articles 47(2), 55 and 95 thereof,
Having regard to the proposal from the Commission,Having regard to the opinion of the European Economic and
Social Committee,
ActinginaccordancewiththeprocedurelaiddowninArticle251
of the Treaty (
1),
Whereas:
(1)Council Directive 92/100/EEC of 19 November 1992 onrental right and lending right and on certain rights relatedto copyright in the field of intellectual property (
2) has
been substantially amended several times (3). In the inter-
ests of clarity and rationality the said Directive should becodified.
(2)Rental and lending of copyright works and the subject
matter of related rights protection is playing an increas-ingly important role in particular for authors, performersand producers of phonograms and films. Piracy is becom-ing an increasing threat.
(3)The adequate protection of copyright works and subjectmatter of related rights protection by rental and lendingrights as well as the protection of the subject matter ofrelated rights protection by the fixation right, distributionright, right to broadcast and communication to the pub-lic can accordingly be considered as being of fundamentalimportance for the economic and cultural development ofthe Community.
(4)Copyright and related rights protection must adapt to
new economic developments such as new forms ofexploitation.(5)The creative and artistic work of authors and performers
necessitates an adequate income as a basis for further cre-ative and artistic work, and the investments required par-ticularly for the production of phonograms and films areespecially high and risky. The possibility of securing thatincome and recouping that investment can be effectivelyguaranteed only through adequate legal protection of therightholders concerned.
(6)These creative, artistic and entrepreneurial activities are, to
alargeextent,activitiesofself-employedpersons.Thepur-suit of such activities should be made easier by providinga harmonised legal protection within the Community. Tothe extent that these activities principally constitute ser-vices,theirprovisionshouldequallybefacilitatedbyahar-monised legal framework in the Community.
(7)The legislation of the Member States should be approxi-mated in such a way as not to conflict with the interna-tional conventions on which the copyright and relatedrights laws of many Member States are based.
(8)ThelegalframeworkoftheCommunityontherentalright
and lending right and on certain rights related to copy-right can be limited to establishing that Member Statesprovide rights with respect to rental and lending for cer-tain groups of rightholders and further to establishing therights of fixation, distribution, broadcasting and commu-nication to the public for certain groups of rightholdersin the field of related rights protection.
(9)It is necessary to define the concepts of rental and lend-ing for the purposes of this Directive.
(10)Itisdesirable,withaviewtoclarity,toexcludefromrental
and lending within the meaning of this Directive certain
forms of making available, as for instance making avail-able phonograms or films for the purpose of public per-formance or broadcasting, making available for thepurpose of exhibition, or making available for on-the-spotreference use. Lending within the meaning of this Direc-tive should not include making available between estab-lishments which are accessible to the public.
(1) Opinion of the European Parliament delivered on 12 October 2006
(not yet published in the Official Journal).
(2) OJ L 346, 27.11.1992, p. 61. Directive as last amended by Directive
2001/29/ECoftheEuropeanParliamentandoftheCouncil(OJL167,
22.6.2001, p. 10).
(3) See Annex I, Part A.L 376/28 EN Official Journal of the European Union 27.12.2006
IP/N/1/EU/C/3 
        - 3 -(11)Where lending by an establishment accessible to the pub-
lic gives rise to a payment the amount of which does notgo beyond what is necessary to cover the operating costsof the establishment, there is no direct or indirect eco-nomic or commercial advantage within the meaning ofthis Directive.
(12)It is necessary to introduce arrangements ensuring that anunwaivable equitable remuneration is obtained by authorsand performers who must remain able to entrust theadministration of this right to collecting societies repre-senting them.
(13)The equitable remuneration may be paid on the basis ofone or several payments at any time on or after the con-clusion of the contract. It should take account of theimportance of the contribution of the authors and per-formers concerned to the phonogram or film.
(14)It is also necessary to protect the rights at least of authorsasregardspubliclendingbyprovidingforspecificarrange-ments. However, any measures taken by way of deroga-tionfromtheexclusivepubliclendingrightshouldcomplyin particular with Article 12 of the Treaty.
(15)The provisions laid down in this Directive as to rights
related to copyright should not prevent Member States
from extending to those exclusive rights the presumptionprovidedforinthisDirectivewithregardtocontractscon-cerning film production concluded individually or collec-tively by performers with a film producer. Furthermore,those provisions should not prevent Member States fromproviding for a rebuttable presumption of the authorisa-tion of exploitation in respect of the exclusive rights ofperformers provided for in the relevant provisions of thisDirective, in so far as such presumption is compatiblewith the International Convention for the Protectionof Performers, Producers of Phonograms and Broadcast-ing Organisations (hereinafter referred to as the RomeConvention).
(16)Member States should be able to provide for more far-
reaching protection for owners of rights related to copy-right than that required by the provisions laid down inthis Directive in respect of broadcasting and communica-tion to the public.
(17)The harmonised rental and lending rights and the harmo-nised protection in the field of rights related to copyrightshould not be exercised in a way which constitutes a dis-guised restriction on trade between Member States or in away which is contrary to the rule of media exploitationchronology, as recognised in the judgment handed downinSociété Cinéthèque v. FNCF (
1).
(18)This Directive should be without prejudice to the obliga-tions of the Member States relating to the time-limits fortransposition into national law of the Directives as set outin Part B of Annex I,HAVE ADOPTED THIS DIRECTIVE:
CHAPTER I
RENTAL AND LENDING RIGHT
Article 1
Object of harmonisation
1. In accordance with the provisions of this Chapter, Member
States shall provide, subject to Article 6, a right to authorise orprohibit the rental and lending of originals and copies of copy-right works, and other subject matter as set out in Article 3(1).
2. The rights referred to in paragraph 1 shall not be exhausted
by any sale or other act of distribution of originals and copies ofcopyright works and other subject matter as set out inArticle 3(1).
Article 2
Definitions
1. For the purposes of this Directive the following definitionsshall apply:
(a) ‘rental’ means making available for use, for a limited period
of time and for direct or indirect economic or commercial
advantage;
(b) ‘lending’ means making available for use, for a limited period
of time and not for direct or indirect economic or commer-cial advantage, when it is made through establishmentswhich are accessible to the public;
(c) ‘film’ means a cinematographic or audiovisual work or mov-
ing images, whether or not accompanied by sound.
2. The principal director of a cinematographic or audiovisualworkshallbeconsideredasitsauthororoneofitsauthors.Mem-ber States may provide for others to be considered as itsco-authors.
Article 3
Rightholders and subject matter of rental and lending
right
1. The exclusive right to authorise or prohibit rental and lend-ing shall belong to the following:
(a) the author in respect of the original and copies of his work;
(1) Joined Cases 60/84 and 61/84 [1985] ECR 2 605.27.12.2006 EN Official Journal of the European Union L 376/29
IP/N/1/EU/C/3 
        - 4 -(b) the performer in respect of fixations of his performance;
(c) the phonogram producer in respect of his phonograms;(d) the producer of the first fixation of a film in respect of the
original and copies of his film.
2. This Directive shall not cover rental and lending rights in
relation to buildings and to works of applied art.
3. The rights referred to in paragraph 1 may be transferred,
assigned or subject to the granting of contractual licences.
4. Without prejudice to paragraph 6, when a contract con-
cerning film production is concluded, individually or collectively,by performers with a film producer, the performer covered bythis contract shall be presumed, subject to contractual clauses tothe contrary, to have transferred his rental right, subject toArticle 5.
5. Member States may provide for a similar presumption as
set out in paragraph 4 with respect to authors.
6. Member States may provide that the signing of a contract
concluded between a performer and a film producer concerningthe production of a film has the effect of authorising rental, pro-vided that such contract provides for an equitable remunerationwithin the meaning of Article 5. Member States may also pro-vide that this paragraph shall apply mutatis mutandis to the rights
included in Chapter II.
Article 4
Rental of computer programs
This Directive shall be without prejudice to Article 4(c) of Coun-cil Directive 91/250/EEC of 14 May 1991 on the legal protec-tion of computer programs (
1).
Article 5
Unwaivable right to equitable remuneration
1. Where an author or performer has transferred or assignedhis rental right concerning a phonogram or an original or copyof a film to a phonogram or film producer, that author or per-former shall retain the right to obtain an equitable remunerationfor the rental.
2. The right to obtain an equitable remuneration for rental
cannot be waived by authors or performers.3. The administration of this right to obtain an equitable
remuneration may be entrusted to collecting societies represent-ing authors or performers.
4. Member States may regulate whether and to what extent
administration by collecting societies of the right to obtain an
equitable remuneration may be imposed, as well as the questionfrom whom this remuneration may be claimed or collected.
Article 6
Derogation from the exclusive public lending right
1. Member States may derogate from the exclusive right pro-vided for in Article 1 in respect of public lending, provided thatat least authors obtain a remuneration for such lending. MemberStatesshallbefreetodeterminethisremunerationtakingaccountof their cultural promotion objectives.
2. Where Member States do not apply the exclusive lending
right provided for in Article 1 as regards phonograms, filmsandcomputerprograms,theyshallintroduce,atleastforauthors,a remuneration.
3. Member States may exempt certain categories of establish-
ments from the payment of the remuneration referred to in para-graphs 1 and 2.
CHAPTER II
RIGHTS RELATED TO COPYRIGHT
Article 7
Fixation right
1. Member States shall provide for performers the exclusiveright to authorise or prohibit the fixation of their performances.
2. Member States shall provide for broadcasting organisations
the exclusive right to authorise or prohibit the fixation of theirbroadcasts, whether these broadcasts are transmitted by wire orover the air, including by cable or satellite.
3. A cable distributor shall not have the right provided for in
paragraph 2 where it merely retransmits by cable the broadcastsof broadcasting organisations.
Article 8
Broadcasting and communication to the public
1. Member States shall provide for performers the exclusiveright to authorise or prohibit the broadcasting by wireless meansand the communication to the public of their performances,except where the performance is itself already a broadcast per-formance or is made from a fixation.
(1) OJ L 122, 17.5.1991, p. 42. Directive as amended by Directive
93/98/EEC (OJ L 290, 24.11.1993, p. 9).L 376/30 EN Official Journal of the European Union 27.12.2006
IP/N/1/EU/C/3 
        - 5 -2. Member States shall provide a right in order to ensure that
a single equitable remuneration is paid by the user, if a phono-gram published for commercial purposes, or a reproduction ofsuch phonogram, is used for broadcasting by wireless means orfor any communication to the public, and to ensure that thisremunerationissharedbetweentherelevantperformersandpho-nogram producers. Member States may, in the absence of agree-ment between the performers and phonogram producers, laydown the conditions as to the sharing of this remunerationbetween them.
3. Member States shall provide for broadcasting organisations
the exclusive right to authorise or prohibit the rebroadcasting oftheir broadcasts by wireless means, as well as the communica-tion to the public of their broadcasts if such communication ismade in places accessible to the public against payment of anentrance fee.
Article 9
Distribution right
1. Member States shall provide the exclusive right to makeavailable to the public, by sale or otherwise, the objects indi-cated in points (a) to (d), including copies thereof, hereinafter ‘thedistribution right’:
(a) for performers, in respect of fixations of their performances;(b) for phonogram producers, in respect of their phonograms;(c) for producers of the first fixations of films, in respect of the
original and copies of their films;
(d) forbroadcastingorganisations,inrespectoffixationsoftheir
broadcasts as set out in Article 7(2).
2. The distribution right shall not be exhausted within the
Community in respect of an object as referred to in paragraph 1,except where the first sale in the Community of that object ismade by the rightholder or with his consent.
3. The distribution right shall be without prejudice to the spe-
cific provisions of Chapter I, in particular Article 1(2).
4. The distribution right may be transferred, assigned or sub-
ject to the granting of contractual licences.
Article 10
Limitations to rights
1. Member States may provide for limitations to the rightsreferred to in this Chapter in respect of:
(a) private use;(b) use of short excerpts in connection with the reporting of
current events;
(c) ephemeral fixation by a broadcasting organisation by means
of its own facilities and for its own broadcasts;
(d) use solely for the purposes of teaching or scientific research.
2. Irrespective of paragraph 1, any Member State may pro-
vide for the same kinds of limitations with regard to the protec-tion of performers, producers of phonograms, broadcastingorganisations and of producers of the first fixations of films, asit provides for in connection with the protection of copyright inliterary and artistic works.
However, compulsory licences may be provided for only to the
extent to which they are compatible with the Rome Convention.
3. The limitations referred to in paragraphs 1 and 2 shall be
applied only in certain special cases which do not conflict with anormal exploitation of the subject matter and do not unreason-ably prejudice the legitimate interests of the rightholder.
CHAPTER III
COMMON PROVISIONS
Article 11
Application in time
1. This Directive shall apply in respect of all copyright works,performances,phonograms,broadcastsandfirstfixationsoffilmsreferred to in this Directive which were, on 1 July 1994, still pro-tectedbythelegislationoftheMemberStatesinthefieldofcopy-right and related rights or which met the criteria for protectionunder this Directive on that date.
2. This Directive shall apply without prejudice to any acts of
exploitation performed before 1 July 1994.
3. Member States may provide that the rightholders are
deemed to have given their authorisation to the rental or lend-ing of an object referred to in points (a) to (d) of Article 3(1)which is proven to have been made available to third parties forthis purpose or to have been acquired before 1 July 1994.
However, in particular where such an object is a digital record-
ing, Member States may provide that rightholders shall have aright to obtain an adequate remuneration for the rental or lend-ing of that object.27.12.2006
EN Official Journal of the European Union L 376/31
IP/N/1/EU/C/3 
        - 6 -4. MemberStatesneednotapplytheprovisionsofArticle2(2)
to cinematographic or audiovisual works created before1 July 1994.
5. This Directive shall, without prejudice to paragraph 3 and
subject to paragraph 7, not affect any contracts concluded before19 November 1992.
6. Member States may provide, subject to the provisions of
paragraph 7, that when rightholders who acquire new rightsunder the national provisions adopted in implementation of thisDirectivehave,before1July1994,giventheirconsentforexploi-tation, they shall be presumed to have transferred the new exclu-sive rights.
7. For contracts concluded before 1 July 1994, the unwaiv-
able right to an equitable remuneration provided for in Article 5shall apply only where authors or performers or those represent-ing them have submitted a request to that effect before 1 Janu-ary 1997. In the absence of agreement between rightholdersconcerning the level of remuneration, Member States may fix thelevel of equitable remuneration.
Article 12
Relation between copyright and related rights
Protection of copyright-related rights under this Directive shallleaveintactandshallinnowayaffecttheprotectionofcopyright.
Article 13
Communication
Member States shall communicate to the Commission the mainprovisions of national law adopted in the field covered by thisDirective.Article 14
Repeal
Directive 92/100/EEC is hereby repealed, without prejudice tothe obligations of the Member States relating to the time-limitsfor transposition into national law of the Directives as set out inPart B of Annex I.
References made to the repealed Directive shall be construed as
being made to this Directive and should be read in accordancewith the correlation table in Annex II.
Article 15
Entry into force
This Directive shall enter into force on the twentieth day follow-ing that of its publication in the Official Journal of the European
Union.
Article 16
Addressees
This Directive is addressed to the Member States.
Done at Strasbourg, 12 December 2006.
For the European Parliament
The President
J. BORRELL FONTELLESFor the Council
The President
M. PEKKARINENL 376/32 EN Official Journal of the European Union 27.12.2006
IP/N/1/EU/C/3 
        - 7 -ANNEX I
PART A
Repealed Directive with its successive amendments
Council Directive 92/100/EEC
(OJ L 346, 27.11.1992, p. 61)
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)Article 11(1) only
PART B
List of time-limits for transposition into national law
(referred to in Article 14)
Directive Time-limit for transposition
92/100/EEC 1 July 1994
93/98/EEC 30 June 1995
2001/29/EC 21 December 200227.12.2006 EN Official Journal of the European Union L 376/33
IP/N/1/EU/C/3 
        - 8 -ANNEX II
CORRELATION TABLE
Directive 92/100/EEC This Directive
Article 1(1) Article 1(1)
Article 1(2) Article 2(1), introductory words and point (a)
Article 1(3) Article 2(1), point (b)
Article 1(4) Article 1(2)
Article 2(1), introductory words Article 3(1), introductory words
Article 2(1), first indent Article 3(1)(a)
Article 2(1), second indent Article 3(1)(b)
Article 2(1), third indent Article 3(1)(c)
Article 2(1), fourth indent, first sentence Article 3(1)(d)
Article 2(1), fourth indent, second sentence Article 2(1), point (c)
Article 2(2) Article 2 (2)
Article 2(3) Article 3(2)
Article 2(4) Article 3(3)
Article 2(5) Article 3(4)
Article 2(6) Article 3(5)
Article 2(7) Article 3(6)
Article 3 Article 4
Article 4 Article 5
Article 5(1) to (3) Article 6(1) to (3)
Article 5(4) —
Article 6 Article 7
Article 8 Article 8
Article 9(1), introductory words and final words Article 9(1), introductory words
Article 9(1), first indent Article 9(1)(a)
Article 9(1), second indent Article 9(1)(b)
Article 9(1), third indent Article 9(1)(c)
Article 9(1), fourth indent Article 9(1)(d)
Article 9(2), (3) and (4) Article 9(2), (3) and (4)
Article 10(1) Article 10(1)
Article 10(2), first sentence Article 10(2), first subparagraph
Article 10(2), second sentence Article 10(2), second subparagraph
Article 10(3) Article 10(3)
Article 13(1) and (2) Article 11(1) and (2)
Article 13(3), first sentence Article 11(3), first subparagraph
Article 13(3), second sentence Article 11(3), second subparagraph
Article 13(4) Article 11(4)
Article 13(5) —
Article 13(6) Article 11(5)
Article 13(7) Article 11(6)L 376/34 EN Official Journal of the European Union 27.12.2006
IP/N/1/EU/C/3 
        - 9 -Directive 92/100/EEC This Directive
Article 13(8) —
Article 13(9) Article 11(7)
Article 14 Article 12
Article 15(1) —
Article 15(2) Article 13
— Article 14
— Article 15
Article 16 Article 16
— Annex I
— Annex II27.12.2006 EN Official Journal of the European Union L 376/35
IP/N/1/EU/C/3 
        - 10 -