The library privilege and the author’s right to remuneration for lending their works by libraries (public lending right)

Abstract

The directive 2006/115/EC on rental right and lending right and on certain rights related to copyright in the field of intellectual property introduces the need to implement remuneration for public lending of copies of protected works (public lending right). Based on the Directive, the author has an exclusive right to authorize or prohibit public lending of originals and copies of copyrighted works. The Directive gives the possibility to derogate from the exclusive public lending right in terms of lending library, provided that at least authors obtain remuneration for such a lending. At the turn of 2013 and 2014, the Ministry of Culture and National Heritage conducted a series of consultations in the framework of the Forum of Copyright for the amendment of copyright law, in particular the introduction of remuneration for lending by libraries.