The European Commission recognises lending right as the authority granted to copyright owners to regulate the usage of copies of their work after the initial sale. This implies that owners have the discretion to allow or deny temporary public use of their work without any compensation.
The lending right refers to the authority of a copyright owner to regulate the usage of copies of their work beyond the initial sale. This control is applicable when someone offers the copy to the public for temporary use without any payment required. For instance, if you purchase a book, you have the right to read it as many times as you desire. However, if you lend that book to someone else, you are exercising your lending right. The author still retains the copyright and possesses the power to determine the number of individuals who can read the book simultaneously. Lending rights are acknowledged by the European Commission, granting authors in Europe the legal entitlement to govern the lending of their books, music, and other creations. Libraries and other institutions that lend copyrighted materials are obligated to pay royalties to the copyright owners.
Lending right refers to the legal right of an author or creator to receive payment when their works, such as books or music, are borrowed from libraries or other lending institutions.
Lending right works by collecting fees from libraries or lending institutions based on the number of times an author’s works are borrowed. These fees are then distributed to the authors as compensation for the use of their works.
Authors, composers, and other creators of original works are eligible for lending right. However, eligibility criteria may vary depending on the country or jurisdiction.
In some countries, authors need to register with a collecting society or organisation responsible for administering lending right. However, in other jurisdictions, registration may not be required, and authors are automatically eligible for lending right.
The amount an author can earn from lending right varies depending on factors such as the popularity of their works, the number of times they are borrowed, and the lending right rates set by the relevant authorities. It is advisable to check with the local collecting society or organisation for specific details.
Yes, lending right can be transferred or assigned to another person or entity. This can be done through a legal agreement, such as a contract or assignment document.
In some jurisdictions, authors have the option to waive or opt out of lending right. However, this decision should be carefully considered, as it may result in the loss of potential income from the borrowing of their works.
Yes, in many countries, lending right also applies to digital or e-books borrowed from libraries or lending institutions. However, the specific regulations and rates for digital lending right may differ from those for physical works.
Lending right is typically enforced on a national level, meaning that the laws and regulations governing lending right may vary from country to country. However, some international agreements and treaties aim to facilitate cooperation and the protection of lending right across borders.
If you believe your lending right has been infringed, it is advisable to seek legal advice from an intellectual property lawyer. They can guide you through the process of enforcing your rights and potentially pursuing legal action against the infringing party.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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