Referral C-840/24 (VG Wort, 10 Dec 2024)

Is the fact that a provision of national law provides that a collecting society is to promote works of cultural importance and that, as consequence thereof, recipients who are not (or, in any event, not yet) part of the group of rightholders also benefit from that promotion compatible with Article 5(2)(b) of Directive 2001/29/EC, 1 with the first sentence of Article 6(1) of Directive 2006/115/EC, 2 and with Article 11(4) and Article 12(4) of Directive 2014/26/EU? 3

In the event that the provision of social, cultural or educational services under Article 12(4) of Directive 2014/26/EU is permitted only to rightholders: Does the permissibility of providing such services depend on the recipient of those services having a present right to remuneration, or is it sufficient to hold a present copyright or related right that is not currently remunerated? Is the permissibility of such services conditional upon the existence of a management agreement with the collecting society?