L 376/28 Official Journal of the European Union 27.12.2006 DIRECTIVE 2006/ 1 15/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (codified version) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Articles 47(2), 55 and 95 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee, Acting in accordance with the procedure laid down in Article 251 of the Treaty (1), Whereas: (1) 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 (2 has been substantially amended several times (3). In the inter- ests of clarity and rationality the said Directive should be codified. (2)  Rental and lending of copyright works and the subject matter of related rights protection is playing an increas- ingly important role in particular for authors, performers and producers of phonograms and films. Piracy is becom- ing an increasing threat. (3)  The adequate protection of copyright works and subject matter of related rights protection by rental and lending rights as well as the protection of the subject matter of related rights protection by the fixation right, distribution right, right to broadcast and communication to the pub- lic can accordingly be considered as being of fundamental importance for the economic and cultural development of the Community. (4)  Copyright and related rights protection must adapt to new economic developments such as new forms of exploitation. (*) Opinion of the European Parliament delivered on 12 October 2006 (not yet published in the Official Journal). (3 OJ L 346, 27.11.1992, p. 61. Directive as last amended by Directive 2001/29/EC of the European Parliament and of the Council (OJ L 167, 22.6.2001, p. 10). () See Annex I, Part A. () (10) The creative and artistic work of authors and performers necessitates an adequate income as a basis for further cre- ative and artistic work, and the investments required par- ticularly for the production of phonograms and films are especially high and risky. The possibility of securing that income and recouping that investment can be effectively guaranteed only through adequate legal protection of the rightholders concerned. These creative, artistic and entrepreneurial activities are, to a large extent, activities of self-employed persons. The pur- suit of such activities should be made easier by providing a harmonised legal protection within the Community. To the extent that these activities principally constitute ser- vices, their provision should equally be facilitated by a har- monised legal framework in the Community. The legislation of the Member States should be approxi- mated in such a way as not to conflict with the interna- tional conventions on which the copyright and related rights laws of many Member States are based. The legal framework of the Community on the rental right and lending right and on certain rights related to copy- right can be limited to establishing that Member States provide rights with respect to rental and lending for cer- tain groups of rightholders and further to establishing the rights of fixation, distribution, broadcasting and commu- nication to the public for certain groups of rightholders in the field of related rights protection. It is necessary to define the concepts of rental and lend- ing for the purposes of this Directive. It is desirable, with a view to clarity, to exclude from rental and lending within the meaning of this Directive certain forms of making available, as for instance making avail- able phonograms or films for the purpose of public per- formance or broadcasting, making available for the purpose of exhibition, or making available for on-the-spot reference use. Lending within the meaning of this Direc- tive should not include making available between estab- lishments which are accessible to the public.