Об интеллектуальной собственности Обучение в области ИС Обеспечение уважения интеллектуальной собственности Информационно-просветительская работа в области ИС ИС для ИС и ИС в области Информация о патентах и технологиях Информация о товарных знаках Информация о промышленных образцах Информация о географических указаниях Информация о новых сортах растений (UPOV) Законы, договоры и судебные решения в области ИС Ресурсы в области ИС Отчеты в области ИС Патентная охрана Охрана товарных знаков Охрана промышленных образцов Охрана географических указаний Охрана новых сортов растений (UPOV) Разрешение споров в области ИС Деловые решения для ведомств ИС Оплата услуг в области ИС Органы по ведению переговоров и директивные органы Сотрудничество в целях развития Поддержка инновационной деятельности Государственно-частные партнерства Инструменты и сервисы на базе ИИ Организация Работа с ВОИС Подотчетность Патенты Товарные знаки Промышленные образцы Географические указания Авторское право Коммерческая тайна Академия ВОИС Практикумы и семинары Защита прав ИС WIPO ALERT Информационно-просветительская работа Международный день ИС Журнал ВОИС Тематические исследования и истории успеха Новости ИС Премии ВОИС Бизнеса Университетов Коренных народов Судебных органов Генетические ресурсы, традиционные знания и традиционные выражения культуры Экономика Гендерное равенство Глобальное здравоохранение Изменение климата Политика в области конкуренции Цели в области устойчивого развития Передовых технологий Мобильных приложений Спорта Туризма PATENTSCOPE Патентная аналитика Международная патентная классификация ARDI – исследования в интересах инноваций ASPI – специализированная патентная информация Глобальная база данных по брендам Madrid Monitor База данных Article 6ter Express Ниццкая классификация Венская классификация Глобальная база данных по образцам Бюллетень международных образцов База данных Hague Express Локарнская классификация База данных Lisbon Express Глобальная база данных по ГУ База данных о сортах растений PLUTO База данных GENIE Договоры, административные функции которых выполняет ВОИС WIPO Lex – законы, договоры и судебные решения в области ИС Стандарты ВОИС Статистика в области ИС WIPO Pearl (терминология) Публикации ВОИС Страновые справки по ИС Центр знаний ВОИС Серия публикаций ВОИС «Тенденции в области технологий» Глобальный инновационный индекс Доклад о положении в области интеллектуальной собственности в мире PCT – международная патентная система Портал ePCT Будапештская система – международная система депонирования микроорганизмов Мадридская система – международная система товарных знаков Портал eMadrid Cтатья 6ter (гербы, флаги, эмблемы) Гаагская система – система международной регистрации образцов Портал eHague Лиссабонская система – международная система географических указаний Портал eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Посредничество Арбитраж Вынесение экспертных заключений Споры по доменным именам Система централизованного доступа к результатам поиска и экспертизы (CASE) Служба цифрового доступа (DAS) WIPO Pay Текущий счет в ВОИС Ассамблеи ВОИС Постоянные комитеты График заседаний Официальные документы ВОИС Повестка дня в области развития Техническая помощь Учебные заведения в области ИС Поддержка в связи с COVID-19 Национальные стратегии в области ИС Помощь в вопросах политики и законодательной деятельности Центр сотрудничества Центры поддержки технологий и инноваций (ЦПТИ) Передача технологий Программа содействия изобретателям (IAP) WIPO GREEN PAT-INFORMED ВОИС Консорциум доступных книг Консорциум «ВОИС для авторов» WIPO ALERT WIPO Translate для перевода Система для распознавания речи Помощник по классификации Государства-члены Наблюдатели Генеральный директор Деятельность в разбивке по подразделениям Внешние бюро Вакансии Закупки Результаты и бюджет Финансовая отчетность Надзор
Arabic English Spanish French Russian Chinese
Законы Договоры Решения Просмотреть по юрисдикции

Европейский союз (ЕС)

EU108

Назад

Directive No. 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the Term of Protection of Copyright and Certain Related Rights (codified version)

DIRECTIVE 2006/116/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2006 on the term of protection of copyright and certain related rights


L 372/12 EN Official Journal of the European Union 27.12.2006

DIRECTIVE 2006/116/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 12 December 2006
on the term of protection of copyright and certain related rights

(codified version)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE

Article 14 bis (2)(b), (c) and (d) and (3) of the Berne

EUROPEAN UNION,

Convention.

Having regard to the Treaty establishing the European Commu­

nity, and in particular Articles 47(2), 55 and 95 thereof,

(6)

The minimum term of protection laid down by the Berne

Having regard to the proposal from the Commission,

Convention, namely the life of the author and 50 years after

his death, was intended to provide protection for the author

Having regard to the opinion of the European Economic and

and the first two generations of his descendants. The

Social Committee (1),

average lifespan in the Community has grown longer, to the

point where this term is no longer sufficient to cover two

Acting in accordance with the procedure laid down in Article 251

generations.

of the Treaty (2),

Whereas:

(7)

Certain Member States have granted a term longer than 50

(1) Council Directive 93/98/EEC of 29 October 1993 harmo­

years after the death of the author in order to offset the

nising the term of protection of copyright and certain

effects of the world wars on the exploitation of authors'

related rights (3) has been substantially amended (4). In the

works.

interests of clarity and rationality the said Directive should

be codified.

(2) The Berne Convention for the protection of literary and

(8)

For the protection of related rights certain Member States

artistic works and the International Convention for the

have introduced a term of 50 years after lawful publication

protection of performers, producers of phonograms and

or lawful communication to the public.

broadcasting organisations (Rome Convention) lay down

only minimum terms of protection of the rights they refer

to, leaving the Contracting States free to grant longer terms.

Certain Member States have exercised this entitlement. In

addition, some Member States have not yet become party to the Rome Convention.

(9)

The Diplomatic Conference held in December 1996, under the auspices of the World Intellectual Property Organiza­ tion (WIPO), led to the adoption of the WIPO Performances

and Phonograms Treaty, which deals with the protection of

(3) There are consequently differences between the national

performers and producers of phonograms. This Treaty took

laws governing the terms of protection of copyright and

the form of a substantial up-date of the international

related rights, which are liable to impede the free movement

protection of related rights.

of goods and freedom to provide services and to distort

competition in the common market. Therefore, with a view

to the smooth operation of the internal market, the laws of

the Member States should be harmonised so as to make

terms of protection identical throughout the Community.

(10)

Due regard for established rights is one of the general

principles of law protected by the Community legal order.

(4) It is important to lay down not only the terms of protection as such, but also certain implementing arrangements, such as the date from which each term of protection is calculated.

Therefore, the terms of protection of copyright and related

rights established by Community law cannot have the effect of reducing the protection enjoyed by rightholders in the Community before the entry into force of Directive 93/98/ EEC. In order to keep the effects of transitional measures to

a minimum and to allow the internal market to function

(5) The provisions of this Directive should not affect the

smoothly, those terms of protection should be applied for

application by the Member States of the provisions of

long periods.

(1) Opinion of 26 October 2006 (not yet published in the Official

Journal).

(2) Opinion of the European Parliament of 12 October 2006 (not yet published in the Official Journal) and Council Decision of

(11)

The level of protection of copyright and related rights

30 November 2006.

should be high, since those rights are fundamental to

(3) OJ L 290, 24.11.1993, p. 9. Directive as amended by Directive 2001/

intellectual creation. Their protection ensures the main-

29/EC of the European Parliament and of the Council (OJ L 167,

tenance and development of creativity in the interest of

22.6.2001, p. 10).

authors, cultural industries, consumers and society as a

(4) See Annex I, Part A.

whole.


27.12.2006 EN Official Journal of the European Union L 372/13

(12) In order to establish a high level of protection which at the same time meets the requirements of the internal market and the need to establish a legal environment conducive to the harmonious development of literary and artistic creation in the Community, the term of protection for copyright should be harmonised at 70 years after the death of the author or 70 years after the work is lawfully made available to the public, and for related rights at 50 years after the event which sets the term running.

(13) Collections are protected according to Article 2(5) of the Berne Convention when, by reason of the selection and arrangement of their content, they constitute intellectual creations. Those works are protected as such, without prejudice to the copyright in each of the works forming part of such collections. Consequently, specific terms of protection may apply to works included in collections.

(14) In all cases where one or more physical persons are identified as authors, the term of protection should be calculated after their death. The question of authorship of the whole or a part of a work is a question of fact which the national courts may have to decide.

(15) Terms of protection should be calculated from the first day of January of the year following the relevant event, as they are in the Berne and Rome Conventions.

(16) The protection of photographs in the Member States is the subject of varying regimes. A photographic work within the meaning of the Berne Convention is to be considered original if it is the author's own intellectual creation reflecting his personality, no other criteria such as merit or purpose being taken into account. The protection of other photographs should be left to national law.

(17) In order to avoid differences in the term of protection as regards related rights it is necessary to provide the same starting point for the calculation of the term throughout the Community. The performance, fixation, transmission, lawful publication, and lawful communication to the public, that is to say the means of making a subject of a related right perceptible in all appropriate ways to persons in general, should be taken into account for the calculation of the term of protection regardless of the country where this performance, fixation, transmission, lawful publication, or lawful communication to the public takes place.

(18) The rights of broadcasting organisations in their broadcasts, whether these broadcasts are transmitted by wire or over the air, including by cable or satellite, should not be perpetual. It is therefore necessary to have the term of protection running from the first transmission of a particular broadcast only. This provision is understood to avoid a new term running in cases where a broadcast is identical to a previous one.

(19) The Member States should remain free to maintain or introduce other rights related to copyright in particular in relation to the protection of critical and scientific publications. In order to ensure transparency at Commu­ nity level, it is however necessary for Member States which introduce new related rights to notify the Commission.

(20) It should be made clear that this Directive does not apply to moral rights.

(21) For works whose country of origin within the meaning of the Berne Convention is a third country and whose author is not a Community national, comparison of terms of protection should be applied, provided that the term accorded in the Community does not exceed the term laid down in this Directive.

(22) Where a rightholder who is not a Community national qualifies for protection under an international agreement, the term of protection of related rights should be the same as that laid down in this Directive. However, this term should not exceed that fixed in the third country of which the rightholder is a national.

(23) Comparison of terms should not result in Member States being brought into conf lict with their international obligations.

(24) Member States should remain free to adopt provisions on the interpretation, adaptation and further execution of contracts on the exploitation of protected works and other subject matter which were concluded before the extension of the term of protection resulting from this Directive.

(25) Respect of acquired rights and legitimate expectations is part of the Community legal order. Member States may provide in particular that in certain circumstances the copyright and related rights which are revived pursuant to this Directive may not give rise to payments by persons who undertook in good faith the exploitation of the works at the time when such works lay within the public domain.

(26) This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives, as set out in Part B of Annex I,

HAVE ADOPTED THIS DIRECTIVE:

Article 1
Duration of authors' rights
1. The rights of an author of a literary or artistic work within the meaning of Article 2 of the Berne Convention shall run for the life of the author and for 70 years after his death, irrespective of the date when the work is lawfully made available to the public.

L 372/14 EN Official Journal of the European Union 27.12.2006

2. In the case of a work of joint authorship, the term referred to in paragraph 1 shall be calculated from the death of the last surviving author.
3. In the case of anonymous or pseudonymous works, the term of protection shall run for 70 years after the work is lawfully made available to the public. However, when the pseudonym adopted by the author leaves no doubt as to his identity, or if the author discloses his identity during the period referred to in the first sentence, the term of protection applicable shall be that laid down in paragraph 1.
4. Where a Member State provides for particular provisions on copyright in respect of collective works or for a legal person to be designated as the rightholder, the term of protection shall be calculated according to the provisions of paragraph 3, except if the natural persons who have created the work are identified as such in the versions of the work which are made available to the public. This paragraph is without prejudice to the rights of identified authors whose identifiable contributions are included in such works, to which contributions paragraph 1 or 2 shall apply.
5. Where a work is published in volumes, parts, instalments, issues or episodes and the term of protection runs from the time when the work was lawfully made available to the public, the term of protection shall run for each such item separately.
6. In the case of works for which the term of protection is not calculated from the death of the author or authors and which have not been lawfully made available to the public within
70 years from their creation, the protection shall terminate.
Article 2
Cinematographic or audiovisual works
1. The principal director of a cinematographic or audiovisual work shall be considered as its author or one of its authors. Member States shall be free to designate other co-authors.
2. The term of protection of cinematographic or audiovisual works shall expire 70 years after the death of the last of the following persons to survive, whether or not these persons are designated as co-authors: the principal director, the author of the screenplay, the author of the dialogue and the composer of music specifically created for use in the cinematographic or audiovisual work.
Article 3
Duration of related rights
1. The rights of performers shall expire 50 years after the date of the performance. However, if a fixation of the performance is lawfully published or lawfully communicated to the public within this period, the rights shall expire 50 years from the date of the first such publication or the first such communication to the public, whichever is the earlier.
2. The rights of producers of phonograms shall expire 50 years after the fixation is made. However, if the phonogram has been lawfully published within this period, the said rights shall expire
50 years from the date of the first lawful publication. If no lawful publication has taken place within the period mentioned in the first sentence, and if the phonogram has been lawfully communicated to the public within this period, the said rights shall expire 50 years from the date of the first lawful communication to the public.
However, this paragraph shall not have the effect of protecting anew the rights of producers of phonograms where, through the expiry of the term of protection granted them pursuant to Article 3(2) of Directive 93/98/EEC in its version before amendment by Directive 2001/29/EEC, they were no longer protected on 22 December 2002.
3. The rights of producers of the first fixation of a film shall expire 50 years after the fixation is made. However, if the film is lawfully published or lawfully communicated to the public during this period, the rights shall expire 50 years from the date of the first such publication or the first such communication to the public, whichever is the earlier. The term ‘film’ shall designate a cinematographic or audiovisual work or moving images, whether or not accompanied by sound.
4. The rights of broadcasting organisations shall expire 50 years after the first transmission of a broadcast, whether this broadcast is transmitted by wire or over the air, including by cable or satellite.
Article 4
Protection of previously unpublished works
Any person who, after the expiry of copyright protection, for the first time lawfully publishes or lawfully communicates to the public a previously unpublished work, shall benefit from a protection equivalent to the economic rights of the author. The term of protection of such rights shall be 25 years from the time when the work was first lawfully published or lawfully communicated to the public.
Article 5
Critical and scientific publications
Member States may protect critical and scientific publications of works which have come into the public domain. The maximum term of protection of such rights shall be 30 years from the time when the publication was first lawfully published.
Article 6
Protection of photographs
Photographs which are original in the sense that they are the author's own intellectual creation shall be protected in accordance with Article 1. No other criteria shall be applied to determine their eligibility for protection. Member States may provide for the protection of other photographs.

27.12.2006 EN Official Journal of the European Union L 372/15

Article 7
Protection vis-à-vis third countries
1. Where the country of origin of a work, within the meaning of the Berne Convention, is a third country, and the author of the work is not a Community national, the term of protection granted by the Member States shall expire on the date of expiry of the protection granted in the country of origin of the work, but may not exceed the term laid down in Article 1.
2. The terms of protection laid down in Article 3 shall also apply in the case of rightholders who are not Community nationals, provided Member States grant them protection. However, without prejudice to the international obligations of the Member States, the term of protection granted by Member States shall expire no later than the date of expiry of the protection granted in the country of which the rightholder is a national and may not exceed the term laid down in Article 3.
3. Member States which, on 29 October 1993, in particular pursuant to their international obligations, granted a longer term of protection than that which would result from the provisions of paragraphs 1 and 2 may maintain this protection until the conclusion of international agreements on the term of protection of copyright or related rights.
Article 8
Calculation of terms
The terms laid down in this Directive shall be calculated from the first day of January of the year following the event which gives rise to them.
Article 9
Moral rights
This Directive shall be without prejudice to the provisions of the
Member States regulating moral rights.
Article 10
Application in time
1. Where a term of protection which is longer than the corresponding term provided for by this Directive was already
2. The terms of protection provided for in this Directive shall apply to all works and subject matter which were protected in at least one Member State on the date referred to in paragraph 1, pursuant to national provisions on copyright or related rights, or which meet the criteria for protection under [Council Directive
92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of
intellectual property] (1).
3. This Directive shall be without prejudice to any acts of exploitation performed before the date referred to in paragraph 1. Member States shall adopt the necessary provisions to protect in particular acquired rights of third parties.
4. Member States need not apply the provisions of Article 2(1)
to cinematographic or audiovisual works created before 1 July
1994.
Article 11
Notification and communication
1. Member States shall immediately notify the Commission of any governmental plan to grant new related rights, including the basic reasons for their introduction and the term of protection envisaged.
2. Member States shall communicate to the Commission the texts of the provisions of internal law which they adopt in the field governed by this Directive.
Article 12
Repeal
Directive 93/98/EEC is hereby repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law, as set out in Part B of Annex I, of the Directives, and their application.
References made to the repealed Directive shall be construed as being made to this Directive and should be read in accordance with the correlation table in Annex II.
Article 13
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
running in a Member State on 1 July 1995, this Directive shall
not have the effect of shortening that term of protection in that
Member State.

(1) OJ L 346, 27.11.1992, p. 61. Directive as last amended by Directive

2001/29/EC.

1 J72f16 Official Journa1 ot" the t:шopean lJnloп 27.12.2006

Лrtic!e 14 Попе at Strasbourg, t!1e 12 ПесешЬеr 2006.

Addressees For the Eнropean Parliament

Tlte Pгesident

Fur Ute Cu-uncil

The Presiilent

Tbls Directive is aLblresseLi to the МешЬег States. ), BORRELL FOIOELLES М, PEKKARJNEN


27.12.2006 EN Official Journal of the European Union L 372/17

ANNEX I

PART A

Council Directive 93/98/EEC (OJ L 290, 24.11.1993, p. 9)

Repealed Directive with its amendment

Article 11(2) only

Directive 2001/29/EC of the European Parliament and of the Council

(OJ L 167, 22.6.2001, p. 10)

PART B

List of time-limits for transposition into national law and application

(referred to in Article 12)

Directive

Time-limit for transposition

Date of application

93/98/EEC

2001/29/EC

1 July 1995 (Articles 1 to 11)

22 December 2002

19 November 1993 (Article 12)

1 July 1997 at the latest as regards

Article 2(1) (Article 10(5))


L 372/18 EN Official Journal of the European Union 27.12.2006

ANNEX II

Correlation Table

Directive 93/98/EEC This Directive

Articles 1 to 9 Articles 1 to 9

Article 10(1) to (4) Article 10(1) to (4) Article 10(5) —

Article 11 —

Article 12 Article 11(1) Article 13(1), first subparagraph —

Article 13(1), second subparagraph —

Article 13(1), third subparagraph Article 11(2) Article 13(2) —

— Article 12

— Article 13

Article 14 Article 14

— Annex I

— Annex II