Table of Contents

EU Copyright Law

EU Copyright Law

A Commentary

Elgar Commentaries series

Edited by Irini A. Stamatoudi and Paul Torremans

Presenting a comprehensive and up to date article-by-article analysis of all EU law in the area of copyright, as well as of the underlying basic concepts and principles, this unique book takes into account all recent legislative amendments and pending initiatives in the context of the EU Digital Agenda, as well as the case law of the Court of Justice of the European Union. Published as part of the Elgar Commentaries series, it discusses challenges for the future that will underpin copyright in the years to come. It also presents ongoing discussions in WIPO and assesses the role of copyright in society and economy both from an EU and an international perspective. It is a thorough and in-depth analysis from a team of leading experts in the field, which combines aspects of theory and practice and places copyright in perspective.


Sylvie Nérisson

Subjects: law - academic, intellectual property law, law -professional, intellectual property law


The Directive on rental right and lending rights and on certain related rights is originally from 1992. It was the first European legislative instrument dealing with actual authors' rights and adopting a horizontal approach (as it is not concentrated on a specific object like Directive 91/250 on computer programs and as it provides all right holders of the creative chain with specific rights). The importance of this Directive goes beyond the right in the temporary making available of protected works and subject matters. It is a benchmark for the introduction of an unwaivable right to remuneration and the definition of the film director as an author of the film. It is also one of the few sources of an explicit justification in the applicable European copyright law: 'The creative and artistic work of authors and performers necessitates an adequate income as a basis for further creative and artistic work, and the investments required particularly for the production of phonograms and films are especially high and risky' (Recital 5). The Directive pursues two goals: to harmonise copyright law and to found this harmonisation on a high level of protection. Indeed the sole wish to approximate the applicable law in the Common Market could definitely not justify the extent of the Directive. The choice of the exclusive right for the implementation of a rental right is the best example of this wish to set high standards of protection.

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