Collective management
2 preliminary rulings
Judgment of 10 Jul 2025, C-37/24 (DADA Music and UPFR) 
Article 8(2) of Directive 2006/115/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 and the second subparagraph of Article 16(2) of Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market and Article 17 of the Charter of Fundamental Rights of the European Union, read in the light of Article 52(1) thereof,must be interpreted as not precluding national legislation which does not guarantee minimum flat-rate remuneration to phonogram producers for the broadcasting of phonograms published for commercial purposes and which repeals, with effect from 90 days after its publication, the provisions relating to minimum flat-rate remuneration applicable to broadcasting established by a previously applicable methodology, without, however, altering the criteria for calculating remuneration and without providing for a maximum period for adopting a new methodology for quantifying the remuneration, provided that that legislation guarantees that the remuneration paid to rightholders is equitable or appropriate and that it complies with the principle of proportionality.
It is for the national court before which a dispute has been brought regarding the equitable or appropriate nature of remuneration payable to rightholders for the broadcasting of phonograms published for commercial purposes, calculated according to the rules defined by national law, to verify whether that remuneration is equitable or appropriate within the meaning of Article 8(2) of Directive 2006/115 and the second subparagraph of Article 16(2) of Directive 2014/26, that is, that it guarantees a balance between the interests of rightholders and those of the users of those phonograms. If the application of that legislation does not allow for such remuneration to be set, the provisions of those directives cannot be relied on to exclude that legislation, unless domestic law provides otherwise.
Judgment of 21 Mar 2024, C-10/22 (LEA)
Article 56 TFEU, read in conjunction with Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market,must be interpreted as precluding legislation of a Member State which generally and absolutely excludes the possibility of independent management entities established in another Member State providing their copyright management services in that first Member State.
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