Non-implementation of the public lending right in Europe
12.7.2010
Question for written answer E-5654/2010
to the Commission
Rule 117
Zuzana Roithová (PPE)
Directive 92/100/EEC[1] on rental right and lending right and on certain rights related to copyright in the field of intellectual property (as codified by Directive 2006/115/EC[2]) has been an important step for more harmonised copyright and related rights in Europe. The Directive has aimed to provide a balance between the different rights and interests as well as being a crucial financial compensation measure for authors for the lending of their works.
In the past, the Commission decided to open infringement proceedings against those Member States which did not implement the public lending right in their national legislation. After such steps by the Commission, the implementation of the public lending right was completed in many countries. However, the Commission stopped its enforcement activities regarding the public lending right and subsequently no progress has been made in the following countries: Bulgaria, Cyprus, Greece, Malta, Poland, Portugal and Romania, where the public lending right has not been implemented, which is a clear violation of EU legislation.
Following the announcement by the Commission that it would not take any further steps and the closing of the cases lodged against several countries, the Member States which have not made any efforts to implement the public lending right will not do so in the near future, unless efforts to ensure compliance with Directive 2006/115/EC are renewed by the Commission.
1. What steps and measures will the Commission take in connection with the violation of EU legislation by several Member States in their non-implementation of the public lending right pursuant to Directive 92/100/EEC (2006/115/EC)?
2. When does the Commission intend to bring infringement procedures in this matter against the abovementioned Member States?
3. What are the reasons for the failure to complete the internal market regarding the public lending right in order to provide fair compensation for authors for the lending of their works?
OJ C 191 E, 01/07/2011