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It provides that the Member States are to recognise `the right to authorise or prohibit the rental and lending of originals and copies of copyright works, and other subject-matter as set out in Article 2(1).' The latter provision identifies the persons to whom the exclusive rental right is to be granted: the author in respect of the original and copies of his work the performer in respect of fixations of his performance the phonogram producer in respect of his phonograms and the producer of the first fixation of a film in respect of the original and copies of his film.

(3) The rule of a general nature contained in Article 1(1) pursues harmonisation. The legal basis of the Directive is Articles 57, 66 and 100a of the EC Treaty.ģ For the purposes of these proceedings, the important provisions are contained in Chapter I of the Directive, which governs the rental right and the lending right. (2) The purpose of the Directive is to contribute to harmonisation of national laws concerning copyright and related rights, at the same time ensuring protection of rights which is appropriate to the new technological context.

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More specifically, the national court asks whether the grant of an exclusive right to authorise or prohibit the rental of protected works, as provided for in Articles 1 and 2 of the Directive, is compatible with the fundamental rights guaranteed by Community law, in particular the right of free enterprise.Ģ The Directive, and likewise the other relevant directives (1) concerned with the approximation of laws, was adopted by the Council following publication of the Commission Communication (`Green Paper') entitled `Copyright and the challenge of technology - Copyright issues requiring immediate actions'. 1 By order of 18 April 1996 the Landgericht Köln (Regional Court, Cologne) sought a preliminary ruling from the Court on the validity of certain provisions of 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 (hereinafter `the Directive').