IP case law Court of Justice

Referral C-484/18 (Spedidam, 20 Jul 2018)

1.’Must Article 2(b), Article 3(2)(a) and Article 5 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society be interpreted as not precluding national rules, such as those laid down in Article 49 II of Law No 86-1067 of 30 September 1986 on freedom of communication, as amended by Article 44 of Law No 2006-961 of 1 August 2006, from establishing, for the benefit of the National Audiovisual Institute, the beneficiary of the exploitation rights of national broadcasting companies in the audiovisual archives, derogating provisions under which the terms on which performers’ works can be exploited and the remuneration for that exploitation are governed by agreements concluded between the performers themselves or the employee organisations representing performers and that institute, which must specify, inter alia, the scale of remuneration and the arrangements for payment of that remuneration?

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