Referral C-260/22 (Seven.One Entertainment Group, 19 Apr 2022)

Must Directive 2001/29/EC 1 be interpreted as meaning that broadcasting organisations are entitled, directly and originally, to the right to the fair compensation provided for under the ‘private copying’ exception, in accordance with Article 5(2)(b) of Directive 2001/29/EC?

Having regard to their right under Article 2(e) of Directive 2001/29/EC, can broadcasting organisations be excluded from the right to fair compensation under Article 5(2)(b) of Directive 2001/29/EC because they may also be entitled to fair compensation in their capacity as film producers under that provision?

If Question 2 is answered in the affirmative:

Is the general exclusion of broadcasting organisations permissible even though, depending on their specific programming, they sometimes acquire film producers’ rights only to a very small extent (in particular in the case of television channels with a high proportion of programmes licensed from third parties) and they sometimes acquire no film producers’ rights at all (in particular in the case of radio broadcasters)?