Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 91996E3179

**WRITTEN QUESTION No. 3179/96 by Yves VERWAERDE to the Commission. Scope of Directive 92/100/EEC of 19 November 1992** 
  
*Official Journal C 096 , 24/03/1997 P. 0069*

  

WRITTEN QUESTION P-3179/96 by Yves Verwaerde (PPE) to the Commission (18 November 1996)

Subject: Scope of Directive 92/100/EEC of 19 November 1992

With reference to Commission Directive 92/100/EEC of 19 November 1992 ((OJ L 346, 27.11.1992, p. 61. )) on rental right and lending right and on certain rights related to copyright in the field of intellectual property, will the Commission state whether this Directive applies to media reports, documents and CD-ROMs?

Answer given by Mr Monti on behalf of the Commission (10 December 1996)

The scope of Directive 92/100/EEC is set out in Article 2 of the Directive, which refers to works, performances, phonograms and films. However, with the exception of films, the Directive does not define these concepts. Consequently, it is for national legislatures to define them when the Directive is transposed.

Documents and media reports in particular may be protected pursuant to Directive 92/100/EEC on condition that they constitute works. To this end, copyright legislation stipulates that they must meet a number of criteria determining originality as regards composition or form of expression. In view of the fact that criteria determining originality have been harmonized at Community level only in a limited number of cases, the requisite conditions are laid down in national legislation. As a general rule, works are required to be intellectual creations specific to their author. Under the legislation of most Member States, media reports are protected by copyright law. As regards documents, this depends on the type of document concerned.

Lastly, as regards CD-ROMs, the Commission would point out that this is a new medium of dissemination, not a new category of work. Under no circumstances could protection under copyright law cover, or depend on, dissemination media. Clearly, however, the contents of CD-ROMs, which comprise visual images, text, photographs and sound, may be afforded such protection on condition that the aforementioned originality criteria are met.

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