Italy

[IT] Statutory Order Implementing EEC Directive on Rental and Lending Rights and Certain Rights Related to Copyright

IRIS 1995-2:1/10

Ad van Loon

European Audiovisual Observatory

By Statutory Order of 16 November 1994, Italy finally implemented Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and certain rights related to copyright in the field of intellectual property. The Directive obliges the EC Member States to give right owners the exclusive right to prohibit or permit the rental or lending of their films on video tapes, CD's, books and certain works of art. Member States may restrict this exclusive right for public lending purposes in which case they are required to provide for payment of a reasonable compensation to the right owners: the authors and the performing artists.

As regards 'certain rights related to copyright', the Directive regulates the rights to record, to reproduce, to broadcast and to distribute protected works. Member States may restrict these rights, for example, to allow private use or use for educational or scientific purposes.

The Directive also contains some rules on the duration o the protection and was to be implemented in the national laws of the Member States of the European Union by 1 July 1994 (partly by 1 January 1995).