![]() The release into circulation of a sound recording cannot therefore, by definition, render lawful other forms of exploitation of the protected work, such as rental, which are of a different nature from sale or any other lawful form of distribution. However, literary and artistic works may be the subject of commercial exploitation by means other than the sale of the recordings made of them.īy authorising the collection of royalties only on sales to private individuals and to persons hiring out those recordings, it is impossible to guarantee authors of works a remuneration which reflects the number of occasions on which the works are actually hired out and which secures for them a satisfactory share of the rental market. The principle of exhaustion of distribution rights in the event of the offering for sale, by the rightholder or with his consent, of copyright works derives from settled case-law of the Court of Justice, according to which the exclusive right guaranteed by the legislation of a Member State on industrial and commercial property is exhausted when a product has been lawfully distributed on the market in another Member State by the actual proprietor of the right or with his consent. (EC Treaty, Arts 36 and 128 Council Directive 92/100) Summaryģ The introduction, by Directive 92/100 on rental right and lending right and on certain rights related to copyright in the field of intellectual property, of an exclusive rental right for copyright works cannot constitute any breach of the principle of the exhaustion of the distribution right, the purpose and scope of which are different. 36 Council Directive 92/100)Ģ Community law - Principles - Fundamental rights - Right to property - Freedom to pursue a trade or profession - Restrictions - Directive 92/100, introducing an exclusive rental right and including among the holders of that right producers of sound recordings - Restriction justified by the general interest - Breach of the principle of proportionality - None Summary Parties Grounds Decision on costs Operative part Keywordsġ Approximation of laws - Copyright and related rights - Directive 92/100 - Renting out and lending of originals and copies of copyright works - Exclusive rental right introduced by the directive - Breach of the principle of the exhaustion of distribution rights - None ![]()
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