Source: EURLEX
Language: en
Format: md

[Keywords](#IX)
  
[Summary](#SM)

## Keywords

Approximation of laws — Copyright and related rights — Rental right and lending right for protected works — Directive 92/100 — Remuneration of authors in the event of public lending — Possibility for Member States to exempt certain categories of establishments — Scope — (Council Directive 92/100, Art. 5(3))

## Summary

Article 5(3) of Directive 92/100 on rental right and lending right and on certain rights related to copyright in the field of intellectual property, under which Member States may exempt certain categories of establishments from the payment of the remuneration for public lending provided for in paragraphs 1 and 2 of that article, authorises but does not oblige a Member State to exempt certain categories of establishments. Consequently, if the circumstances prevailing in a Member State do not enable a valid distinction to be drawn between categories of establishments, that Member State must, in order to transpose the directive correctly, impose the obligation to pay the remuneration in question on all the establishments concerned.

see para. 20

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