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Rental and lending rights meaning

What does Rental and lending rights mean?
Rental and lending rights are the copyright and related rights that control the hiring-out and public lending of copies of protected works and fixations of performances. In practice, they govern who may authorise video, music and book hire, and library lending (including some digital lending), and on what terms. In the UK, they are set out in the Copyright, Designs and Patents Act 1988 as amended by the Copyright and Related Rights Regulations 2003 (SI 2003/2498), implementing Directive 2006/115/EC; these provisions continue post-Brexit. In Ireland, equivalent rules in the Copyright and Related Rights Act 2000 implement the same Directive. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland. Key features are: (i) an exclusive right to authorise or prohibit rental and lending of copies; and (ii) an unwaivable right of authors and performers to equitable remuneration for rental, typically where the rental right has been transferred to a producer or publisher. Public lending by libraries is subject to statutory schemes that limit exclusivity but provide remuneration (the Public Lending Right in the UK and a comparable Irish scheme). These are proprietary rights: they can be assigned, licensed, bequeathed and otherwise dealt with in commerce.
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NEWS
England and Wales High Court: Government seeks strike‑out of unions’ representative claims and post‑Brexit Francovich damages over equitable remuneration under Article 8(2) Rental and Lending Rights Directive

Directive 2006/115/EC and equitable remuneration At the High Court, the UK Secretary of State for Science, Innovation and Technology contended that SAG-AFTRA, the American Federation of Musicians, and representatives of members lacked a personal cause of action, arguing they were not within the class of persons the EU directives underpinning their claims were meant to protect. The organisations commenced proceedings against the Secretary of State for Science, Innovation and Technology in April 2023. They alleged that the UK’s transposition of Directive 2006/115/EC — the EU Rental and Lending Rights Directive — which concerns rights related to copyright, particularly broadcasting and communication to the public, was defective and afforded only limited rights to equitable remuneration. The unions further asserted that the UK government had breached Article 8(2) of Directive 2006/115/EC, which stipulates that ‘equitable remuneration’ must be paid to performers and producers when their material is rebroadcast, alongside other EU obligations. They are seeking Francovich damages, or damages against an EU Member State for violating EU law...

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PRACTICE NOTES
UK Film and Television Law Glossary (R–S): Copyright, Moral Rights, Licensing, Rights Clearances, Sequels/Remakes, Agreements and SVOD

For other frequently used film and TV expressions, consult: Film and TV glossary A–B, Film and TV glossary C–D, Film and TV glossary E–H, Film and TV glossary I–L, Film and TV glossary M–P, Film and TV glossary T–W. RadioPro Ltd RadioPro Ltd takes submissions from independent musicians via RadioPro.eu. Anyone performing music in a public venue may require a licence. Artists can upload tracks to RadioPro.eu and the platform will, on their behalf, present them directly to commercial and creative clients—TV programmes and series, films, adverts and documentaries—for a fee set by the artist. See Practice Note: Collecting societies. Recapture or turnaround provision ‘Recapture’ states that a licence will lapse and all rights will automatically return to the author/owner after a defined period if, by its end, the producer has not carried out specified actions. ‘Turnaround’ grants the author/owner, within a set timeframe, the ability to notify the producer requiring reassignment of certain project rights in exchange for payment of particular sums. See: Recapture and...

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PRACTICE NOTES
Asset Finance, Leasing and Asset-Based Lending: Advantages, Disadvantages and Limitations

Advantages Cash flow benefits for lessee — the lessee’s operating cash flow is generally stronger than under a typical loan structure, as they can make use of the asset they need without a sizeable upfront capital outlay to purchase it. Instead, the lessee pays for the asset from the income it generates in day‑to‑day use. The overall cost is then spread more evenly across the asset’s useful economic life through smaller, regular lease payments, which in turn clearly supports and smooths the lessee’s cash position over time. Tax advantages — the lessor acquires the asset and may claim capital allowances in respect of that purchase. This relief is typically shared with the lessee, being reflected in reduced monthly rental rates, so the lessee benefits from lower ongoing charges. Improved security position for finance provider — under an asset finance arrangement, the finance provider holds legal title to the asset, placing it in a stronger security position than a standard loan structure, where it would be...

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PRACTICE NOTES
EU copyright infringement: overview of rights, defences and leading CJEU decisions (reproduction, distribution/exhaustion, communication to the public, platform liability, rental/lending, software, databases, AI/TDM)

Copyright describes a bundle of rights granted to makers of creative output, covering: literary, dramatic, artistic and musical works broadcasts and databases sound recordings typographical arrangements Alongside the economic rights initially vested in the creator or author, the term can also encompass extra, personal entitlements for authors and performers—often called moral rights or neighbouring rights. Moral rights are not generally harmonised at EU level and alleged infringements of them are not specifically considered in this Practice Note. For guidance on the subsistence of copyright within the EU, see Practice Note: EU—Copyright subsistence. EU copyright legislation Copyright is not yet comprehensively harmonised across the EU. Nevertheless, over the past three decades a framework of directives and regulations on copyright and neighbouring rights has developed, supplemented by a substantial body of case law interpreting that legislation. The outcome is a high—though not absolute—degree of harmonisation that has grown over time. Copyright remains a national intellectual property right, to be enforced before...

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PRECEDENTS
Television Programme Contributor Agreement: Licence to Use and Adapt Work, Moral Rights Waiver, Credit Terms, Rental/Lending Remuneration and AI Restrictions (UK)

From: [ insert name of contributor ] (‘me’ or ‘I’) To: [ insert name of production company ] (‘you’) Dated: [ insert date ] Dear [ insert organisation name ] ([ insert name of production ]) (the Production ) In return for the payment from you to me of £[ insert amount ] (the receipt of which is hereby acknowledged by me) I state, represent and agree as follows: 1 I am the exclusive creator and proprietor of the [ specify nature of work and title ] (the Work )...

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